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crud

(630 posts)
Thu May 2, 2024, 12:01 PM May 2

Possible reason Judge doesn't want to put him in jail for gag violations...

The most important thing for the judge...is to get through the trial and keep everyone safe. It may be MORE dangerous for the trial participants if he jails TSF. This is way effed up any way you cut it.

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ripcord

(5,553 posts)
1. I doubt the jails want him
Thu May 2, 2024, 12:06 PM
May 2

They are rushed and overburdened every morning trying to get thousands of detainees out to court dates. Can you imagine how badly the turd and his protection detail will screw that up?

bucolic_frolic

(43,580 posts)
2. Can't go through life afraid of the consequences of enforcing the law.
Thu May 2, 2024, 12:07 PM
May 2

Throw the crook in jail. That's the purpose of having a legal code.

Vinca

(50,343 posts)
3. Trump wants desperately to go to jail. It would be his biggest moneymaker of all time.
Thu May 2, 2024, 12:08 PM
May 2

It's a shame the judge doesn't have the option of sentencing him to community service. Specifically, picking up trash along the highway. "Hey, Don, you missed that used condom over there."

atreides1

(16,127 posts)
4. Well
Thu May 2, 2024, 12:09 PM
May 2

If he's convicted the jurors could possibly be looking at retaliation from Trump's cult, and after the trial they'll be more vulnerable!







crud

(630 posts)
9. The threats of violence are real
Thu May 2, 2024, 01:48 PM
May 2

I think that is what the point is. The threats are keeping him out of jail, because putting him in jail might bring more than just the threat of violence. It's not a justification, just the reality of the situation we are faced with. Like you said, even after the trial, we still need to deal with this.

RockRaven

(15,111 posts)
5. Also the judge wants to a) get the trial over with and b) have the result hold up
Thu May 2, 2024, 12:11 PM
May 2

And while there is no good reason why jailing TFG for contempt should generate delays in the progress of the trial or be used amongst every other things his lawyers can imagine as grounds for an appeal after he is convicted... It is TFG, so of course both things would happen.

Irish_Dem

(48,250 posts)
6. Yes I think trial speed and safety are at the top of the list for the judge.
Thu May 2, 2024, 12:20 PM
May 2

The major reason he would think about jailing Trump is to ensure the safety of the jury
and witnesses. To get Trump to shut up.

Other than that, I don't think he wants to jail Trump.
But he will if he has to for safety reasons.

crud

(630 posts)
10. That could be the reason
Thu May 2, 2024, 01:55 PM
May 2

and frankly I hope you are right. I don't want the fear of violence to prevent justice being done.

leftieNanner

(15,209 posts)
8. Two thoughts
Thu May 2, 2024, 12:52 PM
May 2

1. The judge could sentence him to jail and then stay the decision until after the trial.

Or 2. He could lock him up immediately and have him brought to court every morning - preferably in a jumpsuit and handcuffs.

onenote

(42,885 posts)
11. Bringing him into court in a jumpsuit and handcuffs would result in a conviction being overturned on appeal
Thu May 2, 2024, 03:03 PM
May 2

Forcing a defendant to wear prison garb and be shackled is presumptively prejudicial.
In Deck v Missouri, the Supreme Court held that the Constitution prohibits the use of physical restraints visible to the jury during a criminal trial, absent a court determination that they are “justified by an essential state interest . . . specific to the defendant on trial.” The New York Court of Appeals has followed the Deck precedent, holding that, as a matter of both federal and state constitutional law, "a defendant has the right to be free of visible shackles, unless there has been a case-specific, on-the-record finding of necessity."

Similarly, in Estelle v Williams, the Supreme Court found that forcing a defendant to wear prison attire in front of a jury infringed on the defendant's Fourteenth Amendment due process rights.

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