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this post was submitted on 06 May 2024
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So like all fines, they are only a punishment for the poor and middle class.
Sweet, how long is that, and how many times does he have to fuck up before he ends up there for contempt the way I would?
Edit - pretty sure it's X + 1 times, where X is always however many times he's fucked up to date.
I understand you feel angry, but Merchan has been clear with Trump that jail is on the table moving forward, and I completely respect him not jumping the gun and throwing Trump in jail on a whim. By giving Trump ample opportunities to correct his behavior with warnings of jail time for future violations, he's setting it up so Trump's legal team will have no basis to argue Trump didn't deserve this when they try to remove Merchan from the case or try to appeal
I understand that but - is jail time not always on the table when you repeatedly ignore orders from a judge in their own courtroom? Does it need to be TEN TIMES to qualify for not jumping the gun? And do you really believe that "next time" he will get jail? (I do not.)
Meh.
2 legal systems. That's what's on display here. Whether there is justification or not. I don't fault you for accepting the justification, but this is proof there is one system for the rest of us (which will chew us up and derail our lives over relatively minor infractions), and one system for folks like Trump. (who will die of old age living a 1% lifestyle without ever going to jail, IMO.)
My frustration is not directed at you, you are just the unfortunate recipient.
Yes. That's how NY law on this works.
The thing that needs to be fixed here is that the initial fine isn't scaled to the offender's networth.
OK, so if jail is always on the table, and this is the TENTH time he's been found in contempt, how would it have been "jumping the gun" to jail him after say the 8th time? Or how about the third time? Would I get away with three contempt findings and no jail time under the same judge?
It's not the tenth time after the first hearing.
There was one hearing covering several instances. All those get bundled together as a set of $1000 fines each. There was then a second hearing (which is what is being cited in OP), which covered more instances, but they all happened before the first hearing. So it's a second set of $1000 fines. If there's contempt hearing for something that happened after the first hearing, then it's jail time.
Which is how the system should work for anyone, excepting the size of the fine compared to networth.
I feel really doubtful that it would work that way for me, (or for any rando off the street) but you seem very certain, so that's probably as far as we can expect this conversation to go. Thanks for the discussion though. :)
Well, it would work for you, because NY law is very specific about how this works. There isn't much wiggle room here.
I've been avoiding requesting a citation up to now, but can you quote me the bit that says any random person can be fined for this many infractions (specifically willfully failing to follow directives from the judge in a way that would be considered contempt) without expecting jail for it? I've got no problem admitting I'm wrong, but as of yet I don't feel convinced that I am.
Edit - specifically the part which stipulates that this should result in one hearing, not "several" -
Judge Manchen's April 30 order cites this case from 1983:
https://casetext.com/case/matter-of-mccormick-v-axelrod-6
The judge from that case considers if there should be criminal or civil penalties, and concludes that you can't just hastily jump to criminal penalties:
And then proscribes a fine, with the amount to be split up among the petitioners. This being from 1983, I'm not sure what the fine amount was at the time, but there are several petitioners making up several infractions here.
Does that very old case (which seems a really odd basis for this seemingly minor point of law - and I'm skeptical this 1983 decision is weighing on this judges mind) also stipulate that someone should get only a single hearing for multiple infractions?
I still don't see the logic anywhere showing "hey, we'll let folks do this OVER AND OVER AND OVER AND OVER but it would be jumping the gun to do more than slap his wrist until they've done it, say, twelve times."
This just seems like an example of a judge being lenient in a specific case, and not especially relevant beyond that.
Really it doesn't matter. He'll do it again, and I'll be shown correct when they fine him another nickel, or he'll do it again, and I'll be wrong, but he'll actually be inconvenienced by his actions by a very short stint in jail so that will be OK, I guess.
Edit - with no snark intended, this is seeming less true, not more, as we continue.
Its the second time he's been found in contempt. The first was on 9 counts. In the second the judge is now threatening jail time.