Thursday, May 09, 2024

AP: At one point, the judge told defense lawyers during a sidebar conversation — out of earshot of the jury and the public — that he could hear Trump “cursing audibly.”

Trump is risking direct criminal contempt of court in front of, and perhaps within the hearing of, the jury. That is multiples of seriousness above posting things out of court. There is also risk that Trump, if he were to blurt out, "I never had sex with her!" or even "Liar!" that he would be considered to be testifying, in which event the prosecution would be able to cross-examine him. We are nowhere near that point but Justice Merchan should warn Trump of both risks, that he would be held in direct criminal contempt of court, jailed, physically gagged while in court, and that any substantive, testimonial outburst, however brief, could subject him to cross-examination.