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Could Donald Trump really go to jail for violating the silence order?

Could Donald Trump really go to jail for violating the silence order?

 


If Donald Trump continues to test the patience of the judge presiding over his secret trial, the former president could end up back in his native Queens, New York, at Rikers Island jail, experts said Monday. .

Judge Juan Merchan, who ruled Monday that Trump had once again violated a silence order that prohibits him from disparaging witnesses or the jury, warned that the ex-president could face prison if necessary for further violations.

Mercan did not specify which prison it was. But when asked what would happen if the judge sent Trump to Rikers, Frank Dwyer, the prison's top spokesman, said: “The department would find appropriate accommodation.”

Trump claimed he was the victim of a two-tiered justice system that treated him harsher than others. But the former president's critics say it's actually the opposite: Any other criminal defendant who made the kind of public statements Trump did would have already found themselves behind bars.

The prospect of Trump being incarcerated during his trial is sure to spark strong reactions from his supporters and detractors. Trump has repeatedly tried to raise money in hopes of being imprisoned, indicating that his campaign believes that conjuring up images of him as a political prisoner draws strong reactions from his supporters.

Mike Lawlor, an associate professor of criminal justice at the University of New Haven in Connecticut, said Rikers would be the most likely destination if Merchan took that route.

What Marchan is trying to do is end the contempt and stop Trump from intimidating witnesses and jurors, said Lawlor, a Democrat who is a former member of the Connecticut House of Representatives.

The goal is to separate him from his social media, Lawlor said. Putting him in jail would do that.

Trump would immediately be placed in protective custody for his own protection, Lawlor said, meaning he would not be allowed to mingle with the rest of the prison population.

He would have no contact with anyone except corrections officers and members of his Secret Service, Lawlor said. The people at Rikers have plenty of experience handling high-profile prisoners, including elderly and vulnerable people like Trump. »

“Obviously, he would be the most high-profile prisoner ever imprisoned at Rikers, but he wouldn't be the only high-profile prisoner at Rikers,” Lawlor said of Trump, who is 77.

In fact, one of those prisoners is former Trump CFO Allen Weisselberg, who was sentenced last month to five months in prison at Rikers after pleading guilty to two counts of perjury during trial for civil fraud by Trump.

Additionally, Trump should go through the intake process that every prisoner goes through, including the ignominy of having prison officers force him to “step on a scale and then enter his actual height and weight on the website public,” Lawlor said.

Having Trump behind bars would not pose an additional burden on his Secret Service, Lawlor added.

The primary job of a Secret Service detachment is to protect a former president from harm or kidnapping, Lawlor said. Confining Trump to prison would, in some ways, make their job easier.

“The biggest issue” is where the Secret Service would be, given that they are armed,” said Martin F. Horn, a professor emeritus at the John Jay College of Criminal Justice who once served as commissioner of the Departments of Criminal Justice. New York City Corrections and Probation.

Most likely, Horn said, Trump would be taken to the so-called Central West, where there would be enough room for the ex-president and his security guards, without any other detainees to contend with.

Still, having to ensure the safety of a former U.S. president behind bars would be an unprecedented mission for the Secret Service, an agency spokesperson told NBC News.

The Secret Service does not have its own “guard services,” the spokesperson said.

Obviously, this is uncharted territory, Horn said. No state prison system has faced this problem before, and no federal prison has had to either.

There's another reason Merchan might not want to jail Trump, other experts said.

Being sent to a real prison may be what Trump wants to show his supporters, said Dave Aronberg, district attorney for Palm Beach County, Florida, where Trump lives most of the time, in an interview on MSNBC with Jos Daz . Balart.

More likely, Merchan could grant Trump some “time out” in a cell behind the New York courtroom where he is currently being tried.

Former federal prosecutor Michael Zeldin, who participated in the same interview, agreed.

“Maybe an hour in one of these cells could be enough for Donald Trump to understand the seriousness of the violations of the silence orders imposed by a very serious judge,” Zeldin said.

House arrest is also a possibility, but the judge “has a lot of latitude as to where he could confine” Trump, Horn said.

Lawlor said it was unlikely that Merchan would confine Trump to a gilded cage, such as his apartment in Trump Tower, because he would still have access to electronics and his aides and would be able to defy the judge's orders to from there.

“So I don’t think he would be confined to his Manhattan apartment,” Lawlor said.

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