Judge's Fine Against Donald Trump Sends 'Wrong Message': Ex-Prosecutor

The recent fines leveled against former President Donald Trump in the New York civil fraud trial against him could be "sending exactly the wrong message," according to former federal prosecutor Andrew Weissmann.

New York Attorney General Letitia James has sued Trump and his family, including sons Donald Jr. and Eric, for $250 million, accusing them of frequently inflating Trump's own net worth and the value of his assets by billions of dollars from 2011 to 2021 to secure better deals and loans. Trump and his family have dismissed the accusations and maintained their innocence, accusing prosecutors of being politically motivated and attempting to harm Trump's 2024 presidential campaign.

New York City Judge Arthur Engoron ruled last month that Trump, his adult sons, their businesses, and executives committed fraud. Moving forward, the court will rule on six other accusations, including falsifying business records, insurance fraud, and conspiracy claims. Engoron himself will rule on the charges, as Trump's legal team did not opt for a jury trial. The result could see Trump lose some of his famous properties and be barred from doing business in New York.

Engoron has issued a limited gag order against Trump in the case, barring him from making potentially threatening public statements about court staff. On October 20, he was hit with his first fine for violating the order, $5,000, after failing to delete a social media post two weeks after being asked to do so. On Wednesday, Engoron leveled a second fine, $10,000, after Trump confirmed that he made certain comments targeting a court clerk.

Appearing for a Sunday segment on MSNBC opposite host Jen Psaki, Weissmann, who served as an assistant U.S. Attorney from 1991 to 2002, said that the use of fines to punish Trump for violating the gag order could be sending the wrong tactic, arguing that monetary consequences are not likely to make Trump follow the rules. Trump, he claimed, likes breaking rules when he knows that he can afford to do so.

"I am concerned that with his children testifying this week, with that civil case really going to his brand as an alleged billionaire, with his really possibly leading to his not being able to do any business in New York state whatsoever, that he will continue to act out," Weissmann said. "Judges are going to need to really stiffen their spines because they have to worry about the violence that can come from the call-and-response that the former president is wielding."

He continued: "I am really concerned that the $10,000 fine...send exactly the wrong message, because Donald Trump...is really good at power dynamics and getting a signal of what he can get away with and what lines people are willing to draw. So I think $10,000 in some ways is sending the wrong incentive."

Newsweek reached out to Weissmann's office via email for further comment.