Has Trump finally met a judge who can control him? I think YES. I guess we’ll find out soon. Trial begins April 15, slightly less than 3 weeks away.
Judge Merchan has had the benefit of seeing the judges who are clearly inexperienced and who let bullshit rule the day (I’m looking at you Cannon and more recently McAfee) and the side shows Trump and his attorneys put on in Judge Engoron’s courtroom.
It’s so interesting to me that the female attorney, Susan Necheles, is not signing some of the bullshit paperwork that is being filed by Todd Blanche. It looks to me like that’s a mighty fine line she is trying to navigate, but I’ll let our Balloon Juice attorneys weigh in and correct me if I’m wrong on that.
News
The judge presiding over Trump’s NY criminal case REFUSES to budge from his order forcing lawyers to ask his okay to file any more motions.
He also WARNS Trump’s lawyers to obey that order, citing his “power to punish for a criminal contempt.”
Doc https://t.co/wcRnROFm8z pic.twitter.com/YwJDoUulhd
— Adam Klasfeld (@KlasfeldReports) March 26, 2024
Excerpts:
The Court’s Order of March 8 was issued at approximately 4:10pm. At 7:57pm that evening, Defendant filed what he characterized as a “pre-motion letter” seeking discovery sanctions. However, the “pre-motion letter” was accompanied by a notice of motion, a motion consisting of 51 pages and 214 pages in exhibits. In the cover e-mail, Defendant stated that they would “communicate with the People regarding redactions prior to filing.” In essence, Defendant disregarded this Court’s Order regarding the filing of motions. In response, this Court circulated an e mail at 9:17pm reminding the parties of its earlier Order. This Court was well within its authority and demonstrated restraint in doing so. See Dalessio n. Kressler, 6 AD3d 57 [2d Dept 2004] (“A court of record has the power to punish a party for disobedience of a lawful mandate of the court . . . the ‘lawful mandate of the court’ constitutes an order of a court of competent jurisdiction which is not void on its face.” Notably, the Court later accepted the proposed motion and directed the People to file a response, if they wished. As of the date of this Order, no party has been denied the ability to file a motion.
Despite the Court’s e-mail of March 8, two days later, on Sunday, March 10, 2024, between approximately 5:17pm and 5:22pm, Defendant filed three additional “pre motion letters, including the one that is the subject of this Decision and Order. In what appears to be an attempt to circumvent this Court’s Order and e-mail of March 8, Defendant this time did not “attach” a notice of motion, motion or exhibits. Instead, the motion and accompanying submissions were appended to the pre¬ motion letter as “exhibits.”
This Court advises counsel that it expects and welcome zealous advocacy and creative lawyering. See Application of Giampa, 147 Mise.2d 397 [Sup Ct, Bronx Cnty April 16, 1990], However, the Court also expects those advocates to demonstrate the proper respect and decorum that is owed to the courts and its judicial officers and to never forget that they are officers of the court. As such, counsel is expected to follow this Court’s orders. Even “[a] good faith belief that a court order is improper or unlawful will not render the order unlawful nor will it excuse willful disobedience.” Matter of Rankin, 78 Misc3d 337 [Sup Ct, Kings Cnty Jan 3, 2023]. As such, “a court of record has power to punish for a criminal contempt, a person guilty7 of . . . [w]illful disobedience to its lawful mandate.” Id. citing to Judiciary Law §750(3). This Court emphasizes that it hopes for and fully expects zealous advocacy from counsel as well as spirited contribution from witnesses and parties alike. Nonetheless, the Court expects that the line between zealous advocacy and willful disregard of its orders will not be crossed.
The above constitutes the Decision and Order of the Court.
I believe that Do Not Fuck With Me Or This Court Again, while communicated very clearly, was not actually part of this written ruling.
Call me crazy, but I think this is the Judge Merchan’s last warning to Trump.
If Trump or his attorneys cross the line, I think they are going to be taught the meaning of power to punish for a criminal contempt.
I surely hope so. Consequences are long overdue.
Open thread.
Has Trump Finally Met a Judge Who Can Control Him?Post + Comments (101)