Judge Merchan's Jail Threat for Donald Trump Unpicked by Legal Analyst

The judge in Donald Trump's hush money case may be waiting for the trial to end before jailing Trump for contempt, a legal expert has said.

New York University law professor Stephen Gillers was reacting to Judge Juan Merchan's decision on Monday to fine Trump $1,000 after finding him in contempt of court for the tenth time since the former president's hush money trial began.

On Monday, Trump was found to have violated a gag order that prohibits him from commenting about the jurors in the case or potential witnesses. Merchan said that while he does "not want to impose a jail sanction," on Trump, it appears the fines "aren't working."

Trump, the presumptive Republican presidential nominee, is the first former president in United States history to stand trial in a criminal case. He has pleaded not guilty to 34 counts of falsifying business records to hide payments to adult film star Stormy Daniels.

Manhattan District Attorney Alvin Bragg seeks to prove that before the 2016 presidential election, Trump paid, or discussed paying, Daniels not to discuss an alleged affair they had. Trump denies the affair.

Newsweek reached out to Trump's attorney via email for comment on Monday.

Gillers told Newsweek that Merchan doesn't want to jail Trump while the trial is ongoing.

"I believe Mechan wants to avoid the spectacle of sending Trump to jail in the middle of the trial. Trump would claim that doing so interfered with a fair trial," Gillers said.

Gillers said Trump is likely hoping he will be jailed for contempt.

"He would certainly use the event to bolster his claim of victimization. He may also want Merchan to jail him because he believes it will motivate his supporters and increase fundraising," he said.

Therefore, Merchan may "want to wait until the verdict to impose a jail term. He may also impose one toward the end of the trial but delay Trump's obligation to turn himself in until we have a verdict."

"The more Trump violates the gag order, the easier it will be to justify a jail term. Also, I don't think the prosecution has asked for jail yet, so Merchan may be waiting for that," Gillers added.

Since the trial began in late April, Trump has been found to have violated the gag order nine times. Merchan began Monday's hearing by addressing what prosecutors said were four additional gag order violations. He found one of the four to be a violation and held him in contempt for a tenth time.

"The last thing I want to do is put you in jail," Merchan said to Trump. "You are the former president of the United States and possibly the next president...I do not want to impose a jail sanction," Newsweek reported on Monday.

Trump was fined $1,000 for his comment about the jury, including how quickly jurors were selected.

The defendant is hereby "put on notice that if appropriate and warranted, future violations of its lawful orders will be punishable by incarceration," Merchan's latest order reads.