DOJ move for gag order in Trump Jan. 6 case puts judge in tough spot

[riversedge]

DOJ move for gag order in Trump Jan. 6 case puts judge in tough spot

https://thehill.com/regulation/court-battles/4219119-doj-gag-order-trump-jan-6-case-puts-judge-tough-spot/


by Rebecca Beitsch - 09/23/23 5:00 AM ET

A Justice Department request to impose a narrow gag order on former President Trump is raising a number of sticky issues for the court as it weighs how to address what prosecutors called “disparaging and inflammatory” remarks about nearly everyone involved in the Jan. 6 case.

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But the request, if granted, raises First Amendment issues for the candidate and feeds into Trump’s long-running narrative that the Justice Department’s actions are designed to hamper his electoral prospects.

And the stakes are high for Trump, who has a predilection for making such remarks and ignoring the cautioning of staff, and who could face fines or even jail time for violating such an order.

“The devil will be in the detail. How do you frame an order that, on one hand, preserves the former president’s right to proclaim his innocence, including by making whatever outlandish — risible even — statements he wants, but drawing the line at intimidating statements?” said Jeff Robbins, a former state prosecutor now in private practice.


“The judge has to look down the road, not very far down the road, and have it in her mind, ‘OK, if he does this, I will have to do that.”

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[True Blue American]

1. That is the Hill opinion

Once a respected source. Now owned by a Republican billionaire.

[Delphinus]

2. Thank you

Good to know.

[getagrip_already]

3. Well, it is opinion, true, but some valid points.....

Not so much about free speach, he has no free speach rights to attack and intimidate with the fear of violence.

But the judge does have to game out how the end game will work in all of this.

Will it be an escalating series of penalties? $1m per occurrence, doubling with each new one? One day in prison, doubling with each new violation? Move the trial date up a week per violation?

Some combination?

In the end, it has to be seen as being him surrendering. Not being a victim, but someone who has brought the law down on him through his own actions.

[WVreaper]

4. It is not if

It is when.

[palinny]

5. Could the judge order his lawyers to preview his posts?

Elon Musk's social media posts had to be approved by his lawyers for a period of time because he had affected Tesla's stock price with some of his posts, but I don't know if that was ordered by a judge or was a voluntary agreement with the SEC to avoid charges/sanctions.

[SouthernDem4ever]

6. The first amendment should not apply to lies and calls to violence

that would make it a no-brainer.

[LenaBaby61]

12. THIS 👆🏻👆🏻👆🏻👆🏻

[multigraincracker]

7. When you call for violence,

how is that different than yelling fire in a crowded theater?

[paleotn]

10. It's not. The Hill author is making a silly argument.

[nowforever]

8. Its called even handed justice

Trump is a lying machine who has ruled by bullying, intimidating, threatening, coercing, slandering and using tactics of an authoritarian despot. He should be treated as the piece of fetid garbage that he is. Warn him then confine him till he learns that the law is the law. The Hill is making an argument that applies to normal human beings not an Orange Pus Bag of Narcisstic Tripe.

[paleotn]

9. It's not that hard.

What the author fails to grasp is he never just pushes the envelope. He blows past it into obviously inflammatory and intimidating for anyone with half a brain. Calling for the execution of Gen. Milley and a thousand other crazed statements. I rest my case. More concern trolling I think.

[emulatorloo]

11. Regurgitating MAGA nonsense in a reasonable sounding manner. That's The Hill for ya.

[Fiendish Thingy]

13. Not that tough

The judge should tell Trump he is allowed to speak about himself as much as he wants, but he may not speak about witnesses, co defendants, judges or prosecutors.

[republianmushroom]

14. Time to stop the coddling.