Former New Jersey Superior Court Judge Andrew Napolitano told Newsmax on Monday even though Donald Trump has been threatened with jail time for violating a gag order in his New York criminal trial for the 10th time, he doesn't believe Judge Juan Merchan will throw the former president behind bars.
"I can't believe that the judge is going to incarcerate him," Napolitano told "Carl Higbie FRONTLINE." "I wouldn't have entered the gag order. As you know, I happen to agree with the president that these are unconstitutional.
"But if Judge Merchan is listening now, here's my advice: Sentence the president to some time in jail and suspend that sentence until after the trial is over. By having it hang over the president's head, it might deter the interference with what Judge Merchan says is the trial."
But Napolitano said it's difficult for him to say because he doesn't believe Trump is interfering with the trial and that he has the right to say whatever he wants in public and on social media.
"But I'm in the minority on that," he said. "Most judges believe that defendants who speak outside the courthouse are sending messages to the jury, and that's affecting the integrity of the case. That's probably what Judge Merchan believes.
"I think Donald Trump is very shrewdly speaking in the hallways of the courthouse and has every right to do so."
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