I Dare You

Donald Trump is now daring the judge in his Manhattan trial to throw him in jail for violating his gag order.

Leaving court on Monday in week four of his trial, Trump told the gaggle of reporters staged near the courtroom how deeply unfair, outrageous, and unconstitutional the gag order is. 

I have to watch every word I tell you people. You ask me a question and I can't talk about it because this judge has given me a gag order and said you'll go to jail if I violate it. 

And frankly, you know what? Our constitution is much more important than jail. It's not even close. I'll do that sacrifice any day.

On Monday, as Matt reports nearby, Judge Merchan ruled that Trump had violated yet again the unconstitutional gag order put on him at the behest of prosecutors and gaveled into existence by the judge. He was fined $1,000, but Merchan lamented that he couldn't hurt Trump more for violating his order because the $10,000 fine so far had not dissuaded Trump from speaking. 

Related: The Man Sent to 'Get Trump'

Merchan said: 

I find you in criminal contempt for the 10th time. Going forward, this court will have to consider a jail sentence. The last thing I want to do is put you in jail.

Trump's violation this time was commenting on the political makeup of the Manhattan jury pool, which he claimed was 95% Democrats. For Trump's allusion to a "jury," Merchan threatened for the second time to lock up the former president of the United States of America on bookkeeping charges. Misdemeanors. 

After court, Trump said he would be willing to go to jail to make a point about the constitutional right to free speech. 

Trump has thrown down the gauntlet. He's attempting not only to force the hand of Judge Juan Merchan and prosecutors but also hopes, no doubt, to light a fire under the black robes of the appellate judges who have been sitting on his gag order appeal for two weeks.

Trump said:

[W]hat's happening here is a disgrace and the appellate courts ought to get involved. New York looks so bad. New York's system of criminal justice looks so bad between this judge and Engoran, and Kaplan and triple-teamed with corrupt judges. 

This is a disgrace to our nation. 

But he wasn't done — and he may get into trouble for this statement, too: 

They have no case. It's a political hoax. The witnesses they want to bring up, they have nothing to do with the case. Two to three more weeks they want to keep me off the campaign trail. 

...And what's going on with this judge is a disaster. Between the gag orders and the hatred that he's got for me, and everybody sees it OK? God bless the USA. 

One of his attorneys, Will Scharf, who's running for attorney general in Missouri, told WMAL radio host Vince Coglianese that the gag order chills not only the president's voice but the voices of his attorneys, too. 

[C]onstitutionally, you're not allowed to do that. You're not allowed to take action on third parties. 

[T]his gag order is very vaguely worded, it doesn't really clearly define what is and isn't prohibited particularly with respect to talking about witnesses and as a result it's having a chilling effect on our ability to speak, President Trump's ability to speak, even beyond...  

I guess a more narrow interpretation of what the gag order says and that actually came out in court the other day when Judge Merchan basically said if it's close to the line if you're thinking about it just don't say it. Which speaks to the unconstitutionality of the gag order speaks to the fact that it is killing speech that it's not allowed to kill constitutionally. 

It's prior restraint, and the judge knows it. 

Related: Trump Is Gagged, but Only NOW Does the Judge Wag a Limp Finger at His Trial's Biggest Trash Talkers

None of the members of Team Trump may speak the names of Matthew Colangelo or Mark Pomeranz, who, like the judge, have ideological axes to grind. Colangelo has even consulted with the Democrat Party on tactics. Hmmm.

Scharf doesn't expect Trump to be sent to jail, but he's not sure what the judge will do. "That's just a power trip, and it's deeply scary," he told the WMAL radio host. "I think we're down the road of a banana republic here with the leading candidate for president being threatened with jail for speaking his mind about an issue of public importance. It's totally violative of our constitution." Scharf may be sanctioned for saying that much. 

But the attorney wants to stop the problem before it gets worse. "We're hoping that we get appellate relief on a speedy timeline because this is getting crazier and crazier and crazier."

WaPo, CNN, and other outlets' polling shows that 42% of those polled believe Trump's conduct has been "mostly inappropriate" during the trial. Another bunch said back in January that if Trump broke the law, he should go to jail for these alleged bookkeeping errors. Maybe if he's sent to jail in May, they might have an epiphany or two.

I believe that putting Trump in jail would telegraph to the entire nation what a travesty this case is and how profoundly authoritarian this gag order is. But that appears to be Trump's point. 

Good.