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Criminal Defendants Are Not Free to Threaten the Court [1]

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Date: 2023-04-03  

Trump has threatened attorney generals, judges and prosecutors in the past. His threats have resulted in people getting hurt. Last week, Trump attacked Justice Merchan, the presiding judge for his forthcoming arraignment and trial in New York.



Since World War One, for more than a century, New York state courts have dealt with defendants who have disparaged and threatened the courts, like Trump has done, by not granting bail. Defendants who have spoken out the way Trump has spoken are usually subject to pretrial detention and are held in jail for the duration of their trial.

As far as we know DA Bragg has not requested that Trump be held in pretrial detention. However, Judge Merchan has the discretion to respond to the threats Trump has made against him, against the DA, against the DA’s wife, against the NY state AG, against Michael Cohen, and others by declaring that those threats are prima facie evidence that Trump should NOT be allowed to return to Florida, or to Trump Tower, or anywhere else, but that he needs to be held in jail, to protect the Court and to protect the state of New York.

Justice Merchan could remand Trump to jail at the arraignment. Trump could be in jail from this coming Tuesday April 4th until the end of the trial, in order to protect the people of New York.

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[1] Url: https://www.dailykos.com/stories/2023/4/3/2161808/-Criminal-Defendants-Are-Not-Free-to-Threaten-the-Court

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