Don’t make me put this baby down!   Mama’s last warning

Like you I have been slightly confused as to why Judge Merchan seems to be so hesitant to pull the trigger on Traitor Tot, especially as the alleged violations continue to pile up. But this is why he’s a judge, and I’m just a schmuck that spouts off.

Just a quick recap. El Pendejo Presidente started flaunting the gag order even before opening statements. The prosecution asked for a ruling against Trump. The judge set a hearing for this last Tuesday, and promised a ruling. Trump kept feeding the beast, Bragg kept bitching, and now Merchan has scheduled another hearing for next Thursday, without even getting the 1st batch of cookies out of the oven yet. Why?

Here’s why. Everybody knows that you don’t just take somebody who defies a ruling or gag order and throw them right in the clink. There is a progression that takes place. First comes a fine and a warning. Next comes a stiffer fine, followed by a warning of pre trial detention for further non compliance.

But as any parent reading this knows, you can only threaten to climb that ladder so many times before you have to climb it and drop the hammer on their silly heads. And Judge Merchan has extra complications in the case of this recidivist goon.

This is especially a twin edged sword for Judge Merchan. Fines mean nothing to Il Douche, so it doesn’t matter if the ladder leads to the church spire. And while pre trial detention would have been effective in making the point, we’re at trial now. Judge Merchan can still toss His Lowness in the cooler, but his defense team will just run to the appellate court, not so much to try to overturn the judge’s ruling as to demand that the trial halt during the term of his detention, since Trump can’t adequately assist in his defense while he’s locked up. And the last thing that Judge Merchan wants to do is to slow down the train he’s got chugging down the tracks. So, what does he do?

This comes from former DOJ and Mueller Trump-Russia rock star Andrew Weissmann. In an interview on MSNBC, Weissmann outlined a possible, and hopefully probable outcome that is truly Machievellian. It takes the Sword of Damocles from over the judge’s head, and positions it squarely over The Cheeto Prophet’s.

Here’s how it works. We’re already at something like 11 gag order violations, and who knows how high we’ll climb by next Thursday, while Trump thinks he has Merchan by the old short-n-curlies. But next Thursday may turn out to be one of Trump’s worst days in the trial to that date.

Merchan can listen to arguments on whatever new outrages pop up between now and then. Merchan can, and hopefully will rule on how many of Trump’s actions actually rise to the level of violating his gag order, and constitute contempt of court. He can either announce a fine amount, or not, dealers choice, because it’s what comes next that will give Hair Tqitler cardiac spasms.

Merchan can then sit forward in his chair, look sternly at Trump, maybe even point his gavel and intone something llike, Defendant Trump, you have now been found in direct contempt of court for violating my gag order. per normal protocol, your first violation will bring a fine for each violation.

Now the McGuffin. But know this defendant Trump. Continued violations of the gag order may rise to a level that compels mandatory incarceration. As we are in the middle of the trial, if I find more violations, I will reserve the right to delay my ruling of sanctions until such time as the trial is completed.

Here’s how it breaks down, fool! Even if you are acquitted, at the time the jury is released I can and will determine the extent of your mandatory incarceration for the new offenses, and you will be immediately remanded into custody to serve your sentence. Not only that Sir, but if you’re convicted, not only can I tack your contempt violation sentence onto my sentence for your convictions, but in considering your sentence for your conviction, I will be free to also consider your actions and lack of respect to the court when determining the length of your sentence.

Hody Chit! I have written repeatedly that throughout Trump’s delays in starting the trial, and especially as the start grew nearer, a paranoid personality like Trump’s would automatically jump to the worst possible conclusion. And in reality, it has turned out to be worse than he feared in his darkest dreams.

And if Judge Merchan hangs this hammer over his head, it will take Traitor Tot back to the darkest corners of the fetid swamp of his paranoid mind. Imagine him thinking of the fact that even if he’s acquitted, he can be clamped in irons and taken off to serve his contempt of court sentence. And if Trump is convicted, even if his lawyers keep him on bond pending appeal, he will still immediately be carted off to serve whatever contempt sentence the judge issues. And the damn judge can use his churlish behavior to slap him with a longer sentence to boot.

I love Andrew Weissmann. He, and hopefully Judge Merchan have found the sweet spot. For the most part, bench rulings on contempt of court are not subject to appeal, they fall within the realm of the judge’s trial discretion. And just close your eyes and think about the image of Traitor Tot being clamped in irons and perp walked out of court for contempt of court, regardless of what the jury decision was. I think I’m about to have a cardiac spasm myself.

I thank you for the privilege of your time.

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6 COMMENTS

    • “Flouting,” not “fouting.”

      I was going to correct Murf as well, but *I* would’ve made sure to write the correct word. (And yes, I realize that comes off as snarky–even rude and condescending–but c’est la vie.)

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  1. What a perfect outcome! Locked up no matter what the trial outcome and unable to appeal, delay, etc. all because of his own stupid behavior! Love it! Let’s hope this is what the judge decides to do!

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