Trump 'knows what’s coming and he’s conditioning the market': former Mueller prosecutor
April 05, 2023
Tuesday was Donald Trump's first day in court for the Manhattan D.A.'s case over the alleged falsification of business records to hide hush money payments to Stormy Daniels and others. While in court, Trump was given what is called "The Parker Warning."
The transcript of the Judge Juan Merchan's comments says: "If you become disruptive to such a degree that it affects my ability to preside over this case and my ability to ensure that the case is treated the way it needs to be treated for both sides, I do have the authority to remove you from the courtroom and continue in your absence, do you understand that?"
Trump answered: "I do."
But less than 24 hours later, MSNBC host Lawrence O'Donnell said that Trump was speaking at Mar-a-Lago, attacking the judge, his wife, his daughter, and the prosecutor and his wife.
Trump claimed, "I have a Trump-hating judge, with a Trump-hating wife and family whose daughter works for Kamala Harris." He then attacked special counsel Jack Smith and District Attorney Fani Willis.
"So the statements about Fani Willis and Jack Smith is because this defendant, and we can now say 'defendant,' not former president — this defendant knows what is coming and he is conditioning the market because he knows what is going to happen and he knows he's going to have to figure out his defenses," said Andrew Weissmann, an NYU law professor and former prosecutor on Robert Mueller's special counsel team. "He's going to have to say, don't believe them, and that's why you're saying that. It is harder in state court than in federal court to have a gag order."
O'Donnell asked why, which Weissmann explained that in federal courts, it is much easier because there are already rules in place that gags people from saying things about the case unless otherwise stipulated.
"There are certain things, and it's not about violence, it is about saying things about the case what they want to do is make sure that one party or the other, or both parties, are not constantly speaking and polluting the information for the prospective jury pool," Weissmann explained. "So, that is already a given. If you then start violating that, there is something for the court to hang its hat on immediately because that is something that you are required to do."
In both state and federal courts there are incremental punishments for violating the rules, but it all begins with a polite request not to say things. This judge, Weissmann warned, "runs a tight ship." So, this is step one in what will likely devolve into repercussions until Trump finally understands that he's not allowed to say things like this. It's unclear if that means a third party like his children or his campaign could say those things on his behalf, however.
"When you sit there and think, you don't have this behavior — I've prosecuted mob cases — you don't have this the behavior from a mob boss," Weissmann also explained. "There is a rule in organized crime, you do not do this with respect to prosecutors and the judge, and you certainly don't go after their families. It is bad business to do that. This is really unbelievable that we are talking about somebody who is the former president of the United States. He led the Justice Department. And we are seeing this kind of — it is so despicable to think that you would do that. There is no level to which he is not stooping but I do think this is something where he has both a long history that he is going to have with this judge. So, this is step one. I would say don't give up your hopes in terms of what is going to happen. And it very well may be that he is in front of a judge in Georgia and in federal court as well."
Former assistant Manhattan District Attorney Dan Horwitz also noted that for a judge to issue this warning was rare. It isn't something that is frequently said in cases. In an earlier interview, he explained that the overwhelming majority of people are very respectful in court and to judges and prosecutors. He noted that there were people in Rikers Island that were more polite than Trump is.
See the full conversation below or at the link here.