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Judge says Trump does not have right to say and do what he pleases, issues gag order.
Posted on 10/16/23 at 11:35 am
Posted on 10/16/23 at 11:35 am
quote:
A federal judge on Monday issued a gag order on former President Donald Trump, limiting what he can say about special counsel Jack Smith’s federal prosecution into his alleged attempt to subvert in the 2020 presidential election.
The order restricts Trump’s ability to publicly target court personnel, potential witnesses, or the special counsel and his staff. The order did not impose restrictions on disparaging comments about Washington, DC, – where the jury will take place – or certain comments about the Justice Department at large, both of which the government requested.
“This is not about whether I like the language Mr. Trump uses,” Judge Tanya Chutkan said. “This is about language that presents a danger to the administration of justice.”
Following the two federal indictments against the former president, Trump has lashed out against prosecutors, potential witnesses and the judge overseeing the election subversion case in Washington. Prosecutors with special counsel Jack Smith’s office say these comments are enough to warrant a narrow restriction on Trump’s speech around the case.
Chutkan, often the target of Trump’s attacks, warned the former president that comments he or his attorneys make could threaten the case.
“Mr. Trump is a criminal defendant. He is facing four felony charges. He is under the supervision of the criminal justice system and he must follow his conditions of release,” Chutkan said Monday during the hearing.
“He does not have the right to say and do exactly what he pleases. Do you agree with that?” she asked Trump attorney John Lauro, who responded: “100%.”
LINK
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Posted on 10/16/23 at 11:39 am to Bunk Moreland
Time to go see the SCOTUS (because you know DC Circuit won't do shite)
Posted on 10/16/23 at 11:47 am to udtiger
quote:
Time to go see the SCOTUS (because you know DC Circuit won't do shite)
This. Being able to openly criticize public officials and policies is the very core of the First Amendment.
I could this going 7-2 in Trump's favor (Kagan crossing the aisle while Justices Diversity Hire and Wise Latina create word salads in sloppy attempts to justify blatant partisanship).
Posted on 10/16/23 at 11:52 am to Bard
quote:
I could this going 7-2 in Trump's favor (Kagan crossing the aisle while Justices Diversity Hire and Wise Latina create word salads in sloppy attempts to justify blatant partisanship).
I could see this.
Kagan is a lefty but not stupid. She won’t stake her reputation on something like this.
Sotomayor or Jackson, though? They would.
Posted on 10/16/23 at 11:54 am to Bard
quote:SCOTUS has upheld gag orders on the parties and attorneys involved in a case. SCOTUS has generally not been favorable to gag orders on the press.quote:This. Being able to openly criticize public officials and policies is the very core of the First Amendment.
Time to go see the SCOTUS (because you know DC Circuit won't do shite)
Trump's status as a political candidate really puts this case in the gray area lying between past rulings. It will be a close call. Definitely not 7:2.
Posted on 10/16/23 at 11:55 am to Bard
You're asking a lot of "law and order" types like Alito and Kavabaugh to rule that way.
The prosecutions can easily be argued to have issues, but this sort of ruling is SOP given the facts.
When you're under indictment, by default, you lose some leeway. When you're out on bond, you agree to give up a lot more.
I'm down for a complete overhaul of our criminal justice system, but this is what we have today.
*Edited to change "rights" to "leeway"
The prosecutions can easily be argued to have issues, but this sort of ruling is SOP given the facts.
When you're under indictment, by default, you lose some leeway. When you're out on bond, you agree to give up a lot more.
I'm down for a complete overhaul of our criminal justice system, but this is what we have today.
*Edited to change "rights" to "leeway"
This post was edited on 10/16/23 at 11:57 am
Posted on 10/16/23 at 11:55 am to udtiger
It is not unusual for
a judge to place limits on public comments by a high profile criminal defendant. There are conditions on his pre-trial release. That’s normal.
a judge to place limits on public comments by a high profile criminal defendant. There are conditions on his pre-trial release. That’s normal.
Posted on 10/16/23 at 11:57 am to Bard
quote:
Being able to openly criticize public officials and policies is the very core of the First Amendment.
Indeed. This will not stand.
Posted on 10/16/23 at 11:57 am to Bunk Moreland
quote:
He does not have the right to say and do exactly what he pleases. Do you agree with that?” she asked Trump attorney John Lauro, who responded: “100%.”
I found this interesting. Trumps attorneys agree he’s muzzled and controlled.
I doubt they even appeal.
This post was edited on 10/16/23 at 11:59 am
Posted on 10/16/23 at 11:58 am to VoxDawg
quote:
Indeed. This will not stand.
quote:
Being able to openly criticize public officials and policies is the very core of the First Amendment.
I don't see the gag order limiting his ability to criticize policies.
Other than Smith, which of these parties are "public officials"?
quote:
court personnel, potential witnesses, or the special counsel and his staff.
Posted on 10/16/23 at 11:59 am to Bunk Moreland
Violate it and let them throw him in jail for further martyrdom. Heck he may get 50% of the black male vote.
Posted on 10/16/23 at 12:01 pm to SlowFlowPro
The way Chutkan is interpreting this, she's defining any member of the prosecution up through the entire DOJ as off-limits from criticism.
Posted on 10/16/23 at 12:02 pm to SlowFlowPro
You give too much credit to Alito. He and Thomas will vote lockstep on virtually everything. The judge has narrowed the gag order enough to withstand scrutiny, imo. I see 7-2 the other way.
Either way, the Trump team was hoping for this. They get to fundraise off the order and slow down the case, either by appealing or breaking it.
Either way, the Trump team was hoping for this. They get to fundraise off the order and slow down the case, either by appealing or breaking it.
Posted on 10/16/23 at 12:14 pm to TheBestYouKnow
quote:
Trump's ego gets him into dumb situations.
Yet the prosecution and the left aren’t silenced, they can leak or say whatever they want.
I think Trump is just illuminating the double standard
Posted on 10/16/23 at 12:17 pm to Bunk Moreland
quote:
The order restricts Trump’s ability to publicly target court personnel, potential witnesses, or the special counsel and his staff. The order did not impose restrictions on disparaging comments about Washington, DC, – where the jury will take place – or certain comments about the Justice Department at large, both of which the government requested.
Sounds reasonable.
Posted on 10/16/23 at 12:18 pm to Mickey Goldmill
quote:
Sounds reasonable.
Tyranny always does to your sort.
Posted on 10/16/23 at 12:19 pm to Bunk Moreland
He can’t win in Washington DC anyway. No possible way he can get a fair trial inside the beltway. Washington DC is a communist shithole working directly against the American people!
Posted on 10/16/23 at 12:19 pm to riverdiver
quote:
Yet the prosecution and the left aren’t silenced, they can leak or say whatever they want.
Didn't know the prosecution and the left were out on bond. I learn something new every day.
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