Andrew Weissmann, former FBI general counsel and special counsel Robert Mueller's senior prosecutor, opined on MSNBC about the D.C. judge's latitude to exact punishment should former President Donald Trump breach her gag order.
When presented with the notion that Trump would almost certainly "violate" the order "at some time" and that Judge Tanya Chutkan is sticking to the March 4 trial date for special counsel Jack Smith to present evidence trying the 45th president for subversion in the Jan. 6 siege on the Capital -- Weissmann confirmed that jail time is an option.
"Judge Chutkan said this trial date is not moving," the host explains. "That may be the biggest stick she has to wield against Trump."
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Weismann retorted: "She has a bigger one."
Wagner guessed: "Well, jail time?"
"Yeah," Weismann said before detailing exactly how it could play out.
"I think it's going to depend on, obviously, how he violates it, " he explained. "If he were to name and threaten a witness or a family member, if he were to say the kinds of things he said to [Gen.] Mark Milley -- you can imagine the district judge coming down very hard.'
"And when I mean very hard, I don't mean funds; that's the kind of thing he could imagine a judge taking that so seriously."
Last month, Trump took a dig at Milley, the retired Chairman of the Joint Chiefs of Staff, calling him "slow moving."
"Slow moving and thinking Mark Milley should never have made those calls to China’s Military Leadership," Trump posted to his Truth Social site. "Does this moron, together with WOKE FOOL Mark Yesper (Esper!), who said 'yes' to everything, have any idea how dangerous a situation he put our Country in? Look at his words - STUPID & VERY DANGEROUS!"
Since pretrial proceedings began, former president has railed against the prosecutors in the case likening them to a "team of thugs" and called one witness "a gutless pig".
The judge imposed the limited gag order as a necessary measure to prevent "a pre-trial smear campaign."
Weissmann mentioned how Trump was scolded for using the word "thug" and if he were to continue doing so it would force the judge's hand to turn into a punitive fist.
"You could imagine, if he continues, that his being admonished or the lawyer is being told to 'Make sure your client cuts that out!' I think the violation, the nature of the violation, I think, is going to dictate what happens to him."
"So if he does what he's been doing with respect to Mark Milley again, which so far he has not, I think he's going to be playing with fire."
