I understand that Trump has said rude things about the judge in his recently-concluded case and that the judge has allowed some of it and fined Trump for other remarks.
My first question is: does this set any sort of precedent for other US judges?
Next it seems to me that Trump is getting more lenient treatment because of who he is.
Is that accurate?
Not really. Firstly making factual statements
(Even erroneous ones) about the judge is generally not considered contempt. “the judge is an arsehole” is contempt, “the judges is biased against me” is a valid (if not typically very successful) defense argument or reason for appeal.
What was considered contemptuous is making statements about the witnesses and other officers of the court. And Trump was basically treated the same way every other defendant would be. First a warning, then a fine and then (if he doesn’t get the hint, which Trump like most defendants did) jail.
My take was that the judge specifically excluded himself from the gag order to make it clear that the reasons for imposing it weren’t personal.
My brother is a superior court judge, and judges often react differently to disparaging defendants. A defendant can say they dislike the judge, and as long as it doesn’t impact the trial proceedings most judges would simply ignore those comments. If the defendant verbally attacks officers of the court, any witnesses, or jury members prior to or during the trial then reprimands and fines, and even sometimes jail, might be appropriate. If the defendant threatens to harm the judge or their family in any way, that’s when it crosses the line. Trump called the judge a “devil” yesterday. As strange as that may be, I don’t think it amounts to threatening the judge, and would fall under free speech.
I don’t think he’s getting special treatment compared to anyone else, nor is he being treated worse than anyone else. His sentence likely won’t be draconian since this is his first and only offense AFAIK. If his Jan 6 trial ever starts, and he’s convicted, he will be sentenced like any other convicted felon would be sentenced. His only hope is to win a quick appeal (unlikely) or get re-elected and to pardon himself from any federal crimes, although that won’t help him in his current state trial.
Apocryphal story:
Lawyer to judge: “what would happen if I called you an asshole?”
Judge: “I’d hold you in contempt and sentence you to a weekend in jail.”
Lawyer: “what if I just thought it?”
Judge: “well, you can think whatever you want.”
Lawyer: “Ok, judge. I think you’re an asshole.”
My thought was that he was not worried about himself. The gag order was intended to protect the witnesses and the rest of the court staff. One consideration was that strong criticism in public by some defendants tended to result in mob action and serious threats against those named. Criticism directed at witnesses could specifically be considered withess intimindation, witness tampering.