After the indictment hearing, Trump returned to Florida and to his old habits, called the D.A. a “criminal,” and Judge Juan Merchan “a Trump-hating judge with a Trump-hating wife and family.” Trump tries to appeal to base without crossing judge's line:
Judge Juan Merchan at his office in New York County Criminal Court, on Oct. 21, 2022.
Merchan’s warning and Trump’s reaction later that evening provided dueling examples of what will almost surely be a delicate dance. The former president, who is running to take back the White House, will have to appeal to a political base that feeds on his unrestrained rhetoric without crossing a line that might cause the judge to take action against him.
“I am sure Justice Merchan wants to avoid a real confrontation, if that is humanly possible, but he will want to assert the authority of the court,” said Michael J. Obus, a judge who served in State Supreme Court for more than two decades and who has known Merchan for about 14 years. Current and former judges said that Merchan, who has been on the bench in New York state Supreme Court since 2009, would almost certainly take other steps before he even considered placing Trump in contempt of court.
When prosecutors raised the subject of the social media posts from Trump, Merchan’s response — asking Trump’s legal team to warn the former president against making such comments — seemed to reflect the judge’s intention to exercise his authority in stages.If Merchan were to find Trump in contempt of court, he would have the power to fine the former president up to $1,000, or even to jail him for 30 days. But experts said the possibility of that happening is very slim.
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