One big question lately is whether Donald Trump could become the first former US president ever sent to jail. Here are the key points:
- Trump faces criminal charges related to hush money payments
- A judge issued a gag order restricting what Trump can publicly say about the case
- Prosecutors claim Trump violated this order and want him fined $10,000
- Some media voices are calling for Trump to actually be jailed instead
Will the judge throw Trump in jail over his social media posts? Or just fine him? Read on to learn more.
Trump’s Criminal Case Explained Simply
Back inย 2016ย when Trump was running for president, his lawyerย Michaelย Cohenย paidย off two women to keep quiet about affairs they claimed to have had with Trump years earlier.ย After Trump won, he repaid Cohen for those hush money payments.
Prosecutors charged Trump earlier this year with falsifying business records related to how the repayments to Cohen were reported internally at the Trump Organization. It was categorized as a legal expense, rather than being properly labeled regarding its true purpose.
Trump pleaded not guilty to 34 felony counts of falsifying business records. His criminal trial in Manhattan is set for March 2024.
The Gag Order and Claims Trump Violated It
In April 2023, the judge overseeing Trump’s trial issuedย something calledย a “gag order.”ย Thisย legally restricts what Trump can publicly say about the following topics:
- Prospective jurors in his trial
- Witnesses involved in the case
- Prosecutors or Trump’s own lawyers
The order aims to prevent Trump from using his big public platform on social media to potentially influence the trial improperly.
Prosecutors recently claimed Trump violated the gag order at least 10 times by republishing or commenting on other people’s social media posts related to the case. They want Trump fined $1,000 for each violation, so $10,000 total.
However, Trump’s legal team argues he simply reshared public comments and did not directly attack jurors, witnesses, lawyers, etc. So they say he did not actually violate the letter of the judge’s restrictions.
Could Trump Really Go to Jail Over This?
Many legal experts don’t expect Trump will face jail time over the alleged gag order violations, since the charges are relatively minor and he has no prior criminal convictions.
But some media voices are loudly calling for the judge to take that step and incarcerate Trump, even if just briefly. Their argument is that hefty fines won’t deter the wealthy Trump, but actual jail time could.
One TV pundit said “If I were the trial judge, yes, I would impose jail time if Donald Trump continues to attack jurors and/or witnesses or even court personnel.”
Another suggested giving Trump “two weeks of home confinement with an ankle bracelet” if he keeps violating the gag order.
Trump’s former lawyer Michael Cohen said “The fine is not going to deter him, what incarceration will.”
However, others doubt Trump will go to jail over this issue alone. The judge may opt for fines or warnings first before taking the highly controversial step of jailing a former president during an ongoing trial.
The big question is: How far is the judge willing to go to enforce the gag order, especially if Trump keeps pushing boundaries on social media in the run-up to his trial?
Only time will tell if Trump ends up making America history as its first ex-president sent to jail. But the debate rages on over whether such a punishment would be justified or go too far, no matter who the individual is.
What do you think? Should Trump face jail time if he repeatedly violates the restrictions around his criminal case? Or would that be an overreaction?
