Donald Trump’s legal team has devised a “jailbreak” strategy to prevent the former president from facing imprisonment for breaching a gag order.
This follows Judge Juan Merchan’s ruling on Tuesday, finding Trump guilty of violating the gag order in the Stormy Daniels hush money trial and imposing a £7,500 fine.
The gag order prohibited Trump from making public comments about prosecutors, court staff, prospective jurors, and the judge’s family.
Despite the fine, Judge Merchan expressed disappointment that the penalty was insufficient to deter further violations.
He hinted at the possibility of imposing a custodial sentence if Trump continues to flout the gag order, particularly by criticising prosecution witnesses such as Michael Cohen and Stormy Daniels on Truth Social.
In response, Trump’s legal team revealed a “jailbreak” strategy, involving the filing of an emergency writ of habeas corpus to secure an emergency stay of any potential contempt order.
They believe this tactic would be granted before New York authorities could physically detain Trump, given his constant protection by armed Secret Service agents.
Additionally, even if remanded, Trump would not be required to wear a traditional orange jumpsuit during the trial, according to a lawyer close to him.
Despite Trump’s previous expressions of concern about wearing such jumpsuits, it remains uncertain whether he will ultimately face remand if he continues to violate the gag order.
Legal experts like Bradley Moss have criticised the perceived leniency towards Trump’s violations, highlighting the potential for a contempt ruling to influence any future sentencing decisions in the case.
Trump has reportedly boasted about avoiding significant punishment for his violations, citing his previous testing of gag orders without severe consequences.
However, Judge Arthur Engoron, who oversaw Trump’s civil fraud trial, has previously warned him of the possibility of a custodial sentence for such actions.
