Why Trump might avoid jail for surrogates’ words at hush money trial despite gag order

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Why Trump might avoid jail for surrogates’ words at hush money trial despite gag order
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Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,' a book about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.

Since Donald Trump was held in contempt for his 10th gag order violation last week, Manhattan prosecutors haven’t alleged that any other statements by the former president have violated it. But Republican politicians who support Trump have made statements that would violate the court order had the defendant made them himself. And though the order makes Trump liable for certain third-party statements, it’s far from clear that he’ll get in trouble for these.

Prosecutors could try to make a case for Trump’s direct involvement in this apparent attempted end-run around the gag order. They haven’t been shy about claiming violations so far. Indeed, when Merchan found Trump’s 10th violation, the judge only agreed with prosecutors on one of the then-four most recent violations alleged by prosecutors.

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