Donald Trump’s Legal Team Prepares “Jailbreak” Strategy to Avoid Prison for Gag Order Violations

Donald Trump’s legal team is prepared with a strategy dubbed “jailbreak” aimed at preventing the former president from serving prison time in case of violations related to his gag order. This comes after Judge Juan Merchan found Trump in contempt of court for repeatedly breaching the gag order in his ongoing legal battle concerning hush-money payments allegedly made to Stormy Daniels.

On a recent Tuesday, Trump faced Judge Merchant’s scrutiny, resulting in a $9,000 fine for multiple infringements of the gag order, which prohibited him from making public comments about the prosecutors, court staff, prospective jurors, and the judge’s family. Despite the penalty, Judge Merchan expressed frustration with New York state laws that limited the fine to $1,000 per violation, noting that such a penalty might not effectively deter further misconduct.

He hinted that incarceration could become necessary if Trump continued to flout court directives. The situation escalates with each post-Trump makes on platforms like Truth Social, where he has targeted figures like Michael Cohen, his former lawyer, and Stormy Daniels, who are central to the prosecution’s case. In response to the potential of escalating penalties, Trump’s team has outlined a rapid legal maneuver, told The Mirror.

They plan to file an emergency writ of habeas corpus, anticipating it would prompt a court to issue an emergency stay against any contempt ruling, thereby avoiding immediate incarceration. Trump’s advisors are confident that such a writ would be granted swiftly, complicating any attempt by New York authorities to detain him, especially given the logistical challenges posed by Trump’s constant Secret Service protection.

Furthermore, Trump’s team reassured him he would not have to wear the standard orange jumpsuit even if he were detained during the criminal trial—a prospect that has previously distressed him. Despite these reassurances, the legal landscape remains uncertain for Trump. The disparities in legal treatment, particularly highlighted by the fact that most defendants with similar contempt charges would likely have been jailed much sooner, raise questions about the fairness of the justice system, Via PBS.

Bradley Moss, a lawyer specializing in national security and government transparency, commented on the apparent dual system of justice, suggesting that the only scenario in which Trump might face jail time for contempt would be if he were convicted at trial and the contempt was factored into his sentencing. Previously, Trump has boasted about his ability to evade significant repercussions from legal infractions.

After testing the boundaries of earlier gag orders without severe consequences, he even claimed he could attack the judge’s daughter without fear of significant punishment. This bravado was noted despite warnings from Judge Arthur Engoron during Trump’s civil fraud trial, where he too had threatened jail time. As Trump’s legal entanglements continue to unfold, the “jailbreak” strategy remains a critical element of his defense, illustrating the complex dance between legal strategy and the overarching question of accountability within the justice system.