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.
Judges have discretion and discretionary authority to issue contempt, and such orders and penalties are rarely overturned. Most fines and incarceration would definitely happen with less stimulus.
It’s not fair and it does undermine equal application of justice to not treat Trump like every other petty criminal. The issue is that using every pretext available to delay the trial is Trump’s only game right now, and if you’re playing to win (Trump convicted and/or in jail prior to the election), you don’t give him any pretexts. I get it. It sucks, but it’s the rational move.