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Eric Holder Reminds Me Why I Never Liked Him As Obama's AG: Trump Shouldn't Face Pre-Trial Jail. [1]

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Date: 2023-11-01

On Monday’s edition of MSNBC’s Inside With Jen Psaki, Holder and Psaki both agreed it’s a matter of time before Trump violates the order, but Holder said he would be “reluctant” to jail Trump and believes Chutkan will be as well:

JEN PSAKI: Are you confident or do you feel comfortable with her legal justification for reinstating it?

ERIC HOLDER: Yeah, I certainly think there’s a basis for her concern. I think there’s a basis for the order that she has, in fact, put in place. My expectation would be that the appellate court will, in fact, uphold that which she has tried to restrain the former president from doing.

It’s a pretty limited order. It does not say that. You can’t say anything. It says you can only say you can’t say negative things about a relatively small universe of people. You can even comment on the case.

But I think, as you said in lead-in, I think he’s likely to go beyond that, which even she says in that limited order, it will have some ultimate questions that I think we’re going to have to be determined. Would a judge actually do that, which would happen to a normal person and put somebody in jail for violating an order, not to, a gag order? I suspect that’s not likely to happen with this defendant, but any other defendant would probably be facing.

JEN PSAKI: You don’t think that she would put him in jail, or that they would decide to put him in jail uliimately?

ERIC HOLDER: I just don’t think so. I mean, I think there are a number of things. You put monetary fines on him, as the judge did in New York, perhaps restrict his ability to use Truth Social. You know, a number of things. I try to be as creative as possible if I were the judge, but I’d be extremely reluctant to take a person who was a former president, the leading candidate on one of our major parties, and actually put him in jail.

JEN PSAKI: Because you’d be worried about the political consequences or the reaction in the country?

ERIC HOLDER: Yeah, I mean, this is already a pretty divided nation. And to do something like that, to take somebody off the campaign trail, to put him in jail, I just would be very reluctant, really reluctant to do that.

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