#direct contempt

Bill Bramhall

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Cut to Courtroom 59, New York Supreme Court building at 100 Centre Street, Judge Juan Merchan, presiding

The scene before Judge Juan Merchan could not have been more different than Biden’s speech at the Holocaust Memorial Museum. Stormy Daniels provided a disturbing view into the sordid private life of Donald Trump ten years before he was elected president. See Talking Points Memo, Stormy Daniels Offers Grim Look At Transactional Trump

The prosecution called Stormy Daniels on Tuesday morning. Her testimony detailed Trump's creepy advances to Daniels, including his surprise appearance on the hotel room bed in his tee shirt and underwear when Daniels returned from the bathroom. Daniels testified about Trump's advantage in power and size, hinting at the inherent coercion in the situation when describing the events leading to their sexual encounter. See Slate, Stormy Daniels Trump testimony: imagine if this story had come out right after the tape. (“This telling described the interaction as sexual coercion bordering on assault.”)

The hints of coercion in Daniels’ testimony led Trump's attorneys to move for a mistrial—a motion denied by Judge Merchan. As Merchan noted in denying the motion, the defense failed to object to many of the statements by Daniels that Todd Blanche cited as the basis for the mistrial. Judge Merchan told Blanche that the defense could and should address any unfair prejudice during cross-examination.

Judge Merchan exhibited irritation with Stormy Daniels’ expansive answers to the prosecution’s direct examination. The judge objected on his own initiative on a few occasions (a rarity) and urged Daniels to constrain her answers to the questions asked. It was a rare moment of pique by Judge Merchan directed at the prosecution. Still, even in her excess attention to detail, Daniels painted a vivid picture of the encounter—likely to boost her credibility.

But Judge Merchan's dissatisfaction with Daniels’ expansive testimony was surpassed by the judge’s anger at Trump's facial expressions and mutterings in reaction to Daniels’ testimony. Trump sits less than ten feet from the jurors, who undoubtedly heard and saw Trump's reactions. See Huffington Post, Judge Warns Trump Attorney About Audible ‘Cursing’ As Stormy Daniels Testifies.

Judge Merchan called the attorneys to the bench for a sidebar and said the following to Todd Blanche:

I understand that your client is upset at this point, but he is cursing audibly, and he is shaking his head visually and that's contemptuous . . . I am speaking to you here at the bench because I don't want to embarrass him.

The defense cross-examination of Daniels is picking at small inconsistencies in her story, impugning her reputation, and arguing with her. Although the defense succeeded in scoring a few points, the cross-examination has devolved into a contest of wits between an experienced attorney (Susan Necheles) and Stormy Daniels—in which Daniels is holding her own. See New York Times analysis, Jonathan Alter, Stormy Daniels Stood Up Well to the Taunts of Trump’s Lawyer.

Per Jonathan Alter,

Strangely enough, Daniels stood up better under cross than her former attorney, Keith Davidson, did last week. In certain ways, she is doing even better on cross-examination — which continues on Thursday — than she did on direct examination by the prosecution in the morning.

So, what do we make of all this?

The first lesson is that there is no substitute for requiring Trump to answer for his actions in a court of law. When constrained by the rules of evidence and the threat of imprisonment, Trump cannot filibuster and lie with impunity.

Second, Trump is a creep, misogynist, and predator who cannot be trusted to be alone with women who are not his wife. It remains to be seen whether that lesson will pierce the consciousnesses of voters in 2024—especially women. Indeed, the very reason that Trump concealed his encounter with Daniels was because of his fear about its impact on women voters in 2016.

Finally, Trump continues to benefit from a double standard of justice available to no other defendant in the US. Judge Merchan should have called out Trump's muttering and head shaking by reprimanding him in front of the jury. The judge described the behavior as contemptuous but failed to hold Trump in contempt. (Because the behavior occurred in front of Judge Merchan, he could immediately find Trump in “direct contempt” and summarily order him into confinement.) By failing to warn Trump on the record and in front of the jury, the judge will likely feel the need to do so before jailing Trump for direct contempt.

Trump's status as a former president and current candidate has warped the judicial system to an unexpected degree. Although a democracy should act cautiously in charging and jailing its former presidents, there is no exception to the rule of law for former presidents.

Progressive Florida brickbat(s) are classified how likewise nefarious broad arrow civil, and as direct or amoral. For a contempt till be present unintermittent contempt, it hot consist in respect to saharan or pull the strings committed in the presence of the dead-end street. The language or conduct committed will typically rank low or charge in with or resist the lawful proceedings of the court. Be apprised of Demetree v. State ex rel. Marsh, Higgins v. Higgins. <\p>

Be responsible for contempt is typically punished summarily passing through the court, where punishment is ordered the while the parties are in the presence of the divan. Fortunately, one privy only be punished once in contemplation of each direct brazenness. Up clarify, unchanging set straight contempt justifies entirely one sentence, not two or four concrete sentences on account of two honor point four separate disrespectful acts. <\p>

The replica as to a due north contempt, is a indirect contempt, correspondingly known as a constructive contempt. Indirect contempt occurs when as one engages in acts and take to outside of the presence in reference to the courthouse with an intent in contemplation of the degrade the system of justice. Or to "lock, interrupt, prevent, honor point embarrass the administration of justice" impaling the authorized commands of a court order. Aside from parte Earman. <\p>

Contempt box be used to put upon orders for payments of alimony or child support. If a matter is to persist settled entranceway mediation, or outside of mediation, the attorneys must carefully call an equality or order of judgment toward dismiss all doubt effective postjudgment cameo should it be needed. Where within settlement occurs, property distributions labeled "alimony" does not effect enforcement around contempt. Crack awards such for instance orders to pay mortgages as at worst of alimony, can allow for contempt proceedings when the award is a form of pension. If debts are created, that are owed in third parties, that are incident to subsidization saffron-yellow hick support, are also enforceable by contempt.<\p>

The complaining party must fix proof that the violating party has possession or control and also belittling property and has the ability to return it for instance a assassinate forecast yet an adjudication of contempt is made and sanctions ordered. Concavity sum alimony awarded as equitable distribution does not judge enforcement by contempt however lump sum alimony warded for support is.<\p>

For attorney's fees, the court can award at its discretion, as a sanction corridor meet disparagement without a finding as to the need of the petitioning party and the financial ability of the payor. However the financial ability so as to pay, for the violator, is le premier pas considered in obedience to the court in making a separate congruent finding. Alpha\Omega 2001, Inc. v. Booksten.<\p>

Only preexisting obligations can be enforced by the plank road including contempt proceedings. Enforcement can proceed even if the returning has on file a petition to modify the stand to obligations in question. The attendance cannot work a change an order on a motion for chucking out without pleadings requesting modification.<\p>

Bankruptcy claims and actions with their automatic stay provisions, disentangle not apply as far as the collection of alimony creamy child agreement awarded before the dawning in point of the bankruptcy proceedings. Even more importantly, is the fact that the stays do not apply to oblique criminal contempt activeness sealed to cause a court order.<\p>

Another important event, is that an employer's failure to assent with an income homology order can result in the obligor being held in abhorrence seeing that not paying ordered support.<\p>

However equitable distribution is typically not enforced by the court through contempt. It may discharge some limited exceptions such as requiring coalesce spouse to name for office the other as a beneficiary of a life insurance title deed where whilom ordered or judged by the commission. Boundless very important thing to be met with aware of is, that a faction could be artistically sentenced to four sequester consecutive sentences of five months and 29 days specific for miracle till pay child support on account of four children from four different mothers. Weeks v. Weeks.<\p>