Democracy Dies in Darkness

A judge could toss Trump in jail. The question is whether one dares.

He transparently challenges gag orders as allies, as well as some critics, are girding for what that might portend

Analysis by
Staff writer
November 1, 2023 at 11:48 a.m. EDT
Donald Trump on the second day of his civil fraud trial at the New York Supreme Court last month. (Shannon Stapleton/Getty Images)
6 min

Donald Trump in a 2016 debate infamously warned Hillary Clinton that, if he were president, “you’d be in jail.” A little more than seven years later, he appears bent on challenging judges who actually have the power to land him there himself.

But could it really get to that point? There is little question judges will seek to exhaust other options, but there is also increasingly little question Trump will continue to test their resolve with his attacks on judges, prosecutors, witnesses and others.