Christian Smith
(NewsNation) – The judge presiding over former President Donald Trump’s trial fined him $1,000 again Monday, warning that any future violations of the gag order could send him to prison.
This was the tenth fine that New York judge Juan Merchan has issued to Trump for violating an order that prohibits what he is allowed to say about those involved in the case, including witnesses and jurors.
The case itself involves a $130,000 payment from Trump’s personal lawyer and mediator, Michael Cohen, to porn actress Stormy Daniels to suppress what she said was an extramarital sexual encounter with Trump a decade earlier.
Could Trump go to jail?
Under New York State law, contempt of court is punishable by up to 30 days in jail and a maximum fine of $1,000.
It’s unclear if or when Merchan would take this step of imposing prison time, but Trump could potentially face prison time if he doesn’t pay the now total $10,000 fine.
Although the maximum prison time for violating a gag order is 30 days, Trump could theoretically face months in prison if Merchan issues consecutive sentences.
However, Laura Appleman, a criminal law professor at Willamette University and a former public defender in New York, said she believed that, at most, Trump would have up to 30 days “if he can’t restrain himself.”
What happens if Trump goes to prison?
If sentenced to prison, Trump will likely be transferred to Rikers Island, where he will be accompanied by Secret Service agents, according to Appleman and Molly Kalmus, an associate professor at the John Jay College of Criminal Justice. The prison on the East River island would be able to separate Trump from the general population, they added.
Kalmus told Forbes that Rikers would be a likely outcome in that scenario because there is no jail at the Manhattan courthouse where Trump is being tried. Courthouse holding cells are typically used on a short-term basis for people in transit from Rikers.
If Merchan decides to send Trump to prison, he will still be required to attend the trial, although Appleman questioned whether that prison sentence would be imposed soon, telling Forbes: “You’re only going to throw someone out of the contempt trial if they can’t. behave in court, and that is not what Trump would have violated.”
Latest Hush Money Test
The 34 criminal counts of falsifying business records accuse Trump of labeling money paid to Cohen in his company records as legal fees. Prosecutors say that by paying him rent and giving him more to account for his taxes, Trump executives were able to hide the refund.
Jeffrey McConney, the former controller of the Trump Organization, appeared on the witness stand, providing a rote but vital recitation of how the company repaid payments intended to prevent embarrassing stories from emerging during the 2016 presidential campaign.
McConney and another witness testified that the refund checks were taken from Trump’s personal account.
However, even as jurors witnessed the checks and other documentary evidence, prosecutors did not obtain testimony Monday showing that Trump himself dictated that the payments be recorded as legal expenses, a designation that prosecutors say is intentionally misleading.
Prosecutors continue to move toward their star witness, Cohen, who pleaded guilty to federal charges related to the hush money payments. He is expected to be subjected to a scathing cross-examination by defense lawyers seeking to undermine his credibility with jurors.
