Possible reason Judge doesn't want to put him in jail for gag violations...

[crud]

9. The threats of violence are real

I think that is what the point is. The threats are keeping him out of jail, because putting him in jail might bring more than just the threat of violence. It's not a justification, just the reality of the situation we are faced with. Like you said, even after the trial, we still need to deal with this.