It was last week when Donald Trump became the first former American president to be held in criminal contempt. Judge Juan Merchan found that the Republican had violated a gag order — nine times — that was supposed to bar the defendant from making any attacks on jurors and witnesses.
This week, the jurist once again cited Trump for violating the gag order, this time adding that Trump could end up behind bars if he continued to ignore it.
Soon after, the suspected felon said he would not be deterred by the prospect of jail time. In fact, as my MSNBC colleague Clarissa-Jan Lim explained, Trump suggested he was prepared to “sacrifice” himself on the alter of the First Amendment.
“This judge has given me a gag order and said you’re going to jail if you violate it. And frankly, you know what? Our Constitution is much more important than jail,” he told reporters outside the courtroom later that day. “It’s not even close. I’ll do that sacrifice any day.”
He did not appear to be kidding.
"I'll do that sacrifice any day" — Trump on possibly going to jail for violating gag orders pic.twitter.com/Z8ICBjDtc6
— Aaron Rupar (@atrupar) May 6, 2024
To be sure, the posturing wasn’t altogether new. It was just last month, for example, when Trump used his social media platform to declare that it would be a “great honor” to be jailed for violating a gag order. As part of the same boast, the former president compared himself — in apparent seriousness — to Nelson Mandela.
There are, however, two important things to keep in mind.
First, court-imposed gag orders are not unconstitutional. Trump is an accused criminal out on bond. As Judge Tanya Chutkan recently explained to one of the former president’s lawyers, the defendant is currently “under the supervision of the criminal justice system, and he must comply with the conditions of release. He does not have the right to say and do exactly as he pleases.”
Trump would have the public believe that his free speech rights have been curtailed, which has inspired him to champion the Constitution. That’s ridiculous.
Second, I can’t help but notice that the presumptive GOP nominee hasn’t exactly been eager to back up his chest-thumping with any actual, concrete steps. Roughly 24 hours ago, for example, Trump published an item to his social media platform, not only whining incessantly about Merchan, but also complaining about Stormy Daniels’ scheduled testimony. Within minutes of posting the missive, the former president quietly deleted it without explanation. I obviously can’t read his mind, but it’s easy to imagine one of Trump’s defense attorneys reminding him of the gag order, the incarceration threat, and the fact that his online rant specifically referenced a trial witness. So, on the one hand, the public sees the former president presenting himself as a martyr, boasting about his eagerness to make a great “sacrifice,” and assuring Americans that it’d be a “great honor” to end up behind bars. And on the other hand, the public also sees Trump sheepishly backing down, apparently terrified by the prospect of jail time.
Steve Benen is a producer for "The Rachel Maddow Show," the editor of MaddowBlog and an MS NOW political contributor. He's also the bestselling author of "Ministry of Truth: Democracy, Reality, and the Republicans' War on the Recent Past."
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