Former White House lawyer Ty Cobb said he believes former President Trump will be sent to jail if he violates a partial gag order in his federal election interference case, after the order was reinstated Sunday.
The gag order prevents Trump from disparaging court staff or witnesses in the case. He was fined $15,000 earlier this month after violating a more limited order in his New York civil fraud trial twice.
“Well, the New York judge fined him $10,000,” Cobb said in a CNN interview Monday, referring to Trump’s second fine. “That’s in a civil case. That’s not as consequential as Judge Chutkan’s case.”
“I think she’ll come in with a much heavier penalty, and ultimately, I think he’ll spend a night or a weekend in jail,” he said.
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Judge Tanya Chutkan is overseeing the case that alleges the former president conspired to overturn the results of the 2020 election. It will to go to trial in March.
“As the court has explained, the First Amendment rights of participants in criminal proceedings must yield, when necessary, to the orderly administration of justice — a principle reflected in Supreme Court precedent,” Chutkan wrote in the partial gag order.
Trump has frequently disparaged Chutkan, Justice Department special counsel Jack Smith and potential witnesses with insulting nicknames and other digs — including calling Chutkan a “Trump hating” judge and Smith “deranged.” That behavior would likely have to stop in order to follow the order.
Cobb, who worked under the Trump administration, said a brief stint in jail is a likely outcome.
“I think it’ll take that to stop him,” he said.
Trump has vowed to appeal the order, but Chutkan said Sunday that it will still be in effect pending that appeal.
“This order, according to many legal scholars, is unthinkable! It illegally and unconstitutionally takes away my First Amendment Right of Free Speech, in the middle of my campaign for President, where I am leading against BOTH Parties in the Polls,” he wrote on Truth Social overnight Monday.
“Few can believe this is happening, but I will appeal. How can they tell the leading candidate that he, and only he, is seriously restricted from campaigning in a free and open manner?” he added. “It will not stand!”