CNN Legal Analyst Says It Would Be ‘Big Political Gift’ For Trump To Be Jailed By Judge

“How do I get Trump’s attention? How do I maintain the integrity and the respect of the court?” Moore asked, taking the perspective of Merchan. “How do I protect this process? How do I protect the trial? And at the same time, do I fall into the trap of giving Trump this big political gift of putting him in jail? Because of the fact is he’d never be in jail in a place where any common person might serve any amount of time.”

“I mean, he would be isolated, he would be put in a secure facility,” Moore said. “He may never even see another inmate, it’s not like he’s going to have to shower in the shower room or use the toilet room with everybody else. That’s just not the way it would work. And so it would really be a gift, I think, for Trump. And that’s why he’s playing this card because he knows that the likelihood of him being incarcerated is slim to none, but the poor judge is sort of like the boy in the dike, he’s got his finger in the hole trying to stop the flood, but he can only do so much, the hole being Trump’s mouth.”

The gag order bars Trump from making statements regarding witnesses, prosecutors other than the district attorney, court staff and jurors, as well as family members of the staff, district attorney or judge. Merchan recently held Trump in contempt for nine violations, fining him $9,000 and warning additional violations could lead to jail time.

“Trump has not violated the order since then, and so it’s big to talk about going to jail,” Moore said. “It’s another thing to actually have some metal braces slapped on and realize you may be going off somewhere, even if it’s to a place different than some place like Rikers Island now.”

Merchan must jail Trump if he doesn’t want to appear weak while emboldening the former president, former U.S. Attorney Brett Tolman warned on Monday.

“The judge is boxing himself in his own corner at this point,” Tolman said. “He’s going to be the one that is going to threaten and he is going to fine this limited fine and he’s doing it with the underlying order being unconstitutional … it’s the judge who’s now put himself in this position and he’s going to have to put him in jail because he’s now threatened it. Otherwise, he looks feckless and the president gets stronger.”

Porn star Stormy Daniels is expected to testify against Trump on Tuesday in his trial about a $130,000 payment to her to keep her quiet regarding an alleged affair before the 2016 election.