Trump allies' attacks could land him in jail after judge's ruling: expert

Donald Trump's allies might land him in jail for contempt of court after New York Justice Juan Merchan laid down the law.

The judge held the former president in criminal contempt for nine violations of a gag order prohibiting him from making public statements about witnesses and jurors in the case, but the narrowly defined order also bars Trump from directing others to make statements that could undermine the trial's integrity, wrote former Justice Department official Anthony Coley in a new column for MSNBC.

"Merchan made it clear who’s really in charge," wrote Coley, a former director of the DOJ's Office of Public Affairs.

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"In addition to fining Trump $1,000 per violation, the maximum penalty allowed, he warned Trump that 'incarceratory punishment' remains an option if he continues to violate the limited order by further attacking those covered by it, including witnesses and jurors."

The judge fined Trump a total of $9,000 and ordered him to take down seven posts from his Truth Social account and two others from his campaign website, which the former president did. Merchan scheduled another contempt hearing for Thursday morning for other alleged violations of the gag order.

"Now that we know the call and the penalty, the question is: What happens the next time?" Coley wrote. "What should the judge do if Trump continues to be Trump and in his attempts to sway public opinion violates his gag order again?"

Any other defendant would be remanded to jail for violating court orders, and Coley said the former president should face detentions for repeatedly defying the judge.

"Perhaps this is an academic discussion, as there are signs that the Trump team and allies are broadening their approach and that surrogates are picking up the mantle on his many false claims," Coley wrote.

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"Even still, Trump would be well-advised to steer clear of engaging these potential running mates and Cabinet officials: Judge Merchan’s order enjoins Trump from “making or directing others to make public statements about known or reasonably foreseeable witnesses concerning their potential participation in the investigation or in this criminal proceeding.”

The quadrupled-indicted president must face consequences for his lawlessness, Coley wrote, even if tossing him in jail would fire up his volatile base.

"Whatever happens with Trump and his surrogates, one thing is clear: Our judicial system is undergoing a stress test," Coley wrote. "To pass it, Judge Merchan must treat Trump like every other criminal defendant. Doing so would reaffirm our nation’s highest ideals — that we are a nation of laws and no one, not even a former president, is above them."

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