The judge overseeing the criminal trial of Donald J. Trump said he would be willing to jail the former president if he continued to violate his gag order. A banker who set up the account used to make a hush-money payment to Stormy Daniels is back on the stand.
… skipped a few steps there.
It is well within the judges right to incarcerate Trump for contempt. Now, does he refrain because he is waiting until it doesn’t risk a higher court ruling the Judge went beyond his authority and throwing out the case or is he preventing Trump from, “being perceived as a matyr”? I would guess the former. As we’ve just seen with Weinstein, judges can be held accountable if the defendant has the means to endlessly pursue litigation.
Now for Trump being seen as a martyr. Who gives a fuck. They already worship the ground he walks on (unless its the Hollywood star) and there is no point trying to appeal to his rabid base. Other than, maybe, avoiding death threats.