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Ok, but like... the first two points you raised have nothing to do with the legal system and are just about metagaming and cowardice. And the third... Judge Engoron has already determined that Trump is liable in this case, like a couple of months ago. So this is just about figuring out the punishment. And as long as he doesn't give some outrageously absurd fine or penalty, then this won't really have an impact on an appeal. The appeal would be for the original decision finding him guilty of engaging in fraud. So I'm not sure what actual legal reason he'd have for treating him with kid gloves here. I mean, Trump's going to appeal one way or the other, and he's well within his rights to hit him with contempt of court. Hell, he even said as much to Trump's lawyers the other day in an email exchange where he said if Trump does what he just did, he'd hit him with a $50,000 fine.