July 16, 2023

"These are the kind of comments that might provoke some judges to issue a gag order.... Trump is likely trying to provoke a legal battle so he can portray himself as a victim of censorship ...

"... as well as government abuse.... He wants that to be the narrative, to fundraise and make himself the victim. Smart judges avoid unnecessary fights and don’t want to be trolled." 

Said Ken White, "a former federal prosecutor who... cited the case of longtime Trump confidant Roger Stone, who in 2019 was ordered not to post about his own charges on social media after demonstrating what a federal judge called 'middle-school behavior' online that could influence potential jurors."

Quoted in "Trump’s outbursts met with silence so far by prosecutor, judge/Other defendants might get in trouble for publicly calling the prosecutor a deranged drug user. Not Donald Trump" (WaPo).
Bruce Rogow, who represented Stone in the 2019 trial, said gag orders are an “extraordinary” step not merited in Trump’s case, especially as he seeks the GOP nomination to return to the White House in 2024. Rogow noted that the justification for a gag order is often to avoid influencing potential jurors, and said he doubted anything Trump can say at this stage in the process is likely to influence those who may soon sit in judgment against him.

“Trump has bought for himself more latitude than other litigants would have. He’s campaigning for office, and the scope of things that are said in campaigns are often far out and unsupported,” Rogow said. “The judge will just have to suffer Trump’s comments and shrug them off and not get engaged in any kind of tussle which would then lead actually to greater publicity for Trump, and Trump would actually thrive on it. I think Trump would welcome a gag order, but I don’t think Judge Cannon would take the bait.”

33 comments:

Michael K said...

If Trump is saying derogatory things about Alvin Bragg, I don't think there are words enough to describe his malevolence and corruption.

Yancey Ward said...

What exactly is the judge suffering? Trump called the prosecutor a drug addled moron, not the judge.

Dave Begley said...

Weren't we previously told that Judge Cannon is a Trump-appointed judge who made a horrible mistake previously? Why can't the Left get its story straight?

WaPo needs Trump to be the nominee to keep its numbers up. Hatred of Trump is the only thing that keeps WaPo, NYT, CNN and MSNBC in business.

rehajm said...

Trump has bought for himself more latitude than other litigants would have

Not Hillary. Hillary bought for herself more latitude than Trump by not becoming a litigant for her felonies…

Drago said...

"Trump is likely trying to provoke a legal battle so he can portray himself as a victim of censorship ...
"... as well as government abuse...."


Trump, acting in a normal citizen fashion, is somehow "provoking" a completely corrupted and rigged system to do things that are corrupted and rigged.

Uh huh.

deepelemblues said...

Why would any defendant get in trouble for insulting the prosecuting attorney? Prosecuting attorneys regularly insult defendants, and that is just fine. Once again we see how the deck is stacked. I can do it but you can't.

Roger Sweeny said...

Why should Trump get in trouble for calling the prosecutor a deranged idiot any more than I should get in trouble for calling Trump a deranged idiot.

Who remembers the trial of the Chicago Seven?

rhhardin said...

Trump is the victim in fact. He's skilled at playing it but that doesn't change it. It just means he doesn't have to play it very hard to make his points, points which ought to be obvious to everybody not living in the leftist narrative stream.

gilbar said...

which Trump case is this?
Is this one where a lady "said" that he'd raped her (date/year unknown), and he said he hadn't?
(and it was found in court, that he hadn't.. so he was found guilty of defamation for saying he hadn't??

Or, is This the one where he had personal documents ?

Owen said...

Agree, Bragg should not respond to this billingsgate. No upside for him and some definite downside if DJT can position himself as the martyr.

Also, what would the gag order say? And wouldn't it invite Bragg to come running to the judge every day with yet more evidence of him being called mean names? Please.

Readering said...

White giving Trump too much creditt for strategic thinking. He's screaming out like a trapped animal. But if some crazed follower tries to harm a prosecutor then a court may be forced to do something.

Jupiter said...

When I consider that Alvin Bragg was apparently elected in a free and fair election by the inhabitants of New York City, I wish Global Warming was true.

Mason G said...

"Trump, acting in a normal citizen fashion, is somehow "provoking" a completely corrupted and rigged system to do things that are corrupted and rigged."

Democrats and the government (BIRM): "Look what Trump made me do!"

Drago said...

Readering: "He's screaming out like a trapped animal."

LOL

"screaming out" now = pointing out the machinations of a completely corrupted and rigged system.

In precisely the same way "hate speech" = saying things that are true but that lefties/LLR-lefties dislike.

And then readering gives the game away with his/her/xer's next step scenario where a corrupted and weaponized FBI/DOJ gets some sad sack somewhere to do something that they will then blame on Trump.

Its already such a tired and worn out and transparently obvious tactic that its only kept alive as an option by corrupted dem/LLR-dem DA's, corrupted dem "judges" and thoroughly corrupted 100% dem jury pools.

Barry Dauphin said...

What if the prosecutor is a deranged drug user?

The Godfather said...

I'm sorry; point of information. Is this the case that Trump has asked be stayed until after the election? I assume there are statute of limitations reasons why the case had to be brought now, but if proceedings are stayed at the defendant's request, doesn't that solve the problem? Isn't that a reasonable way to proceed? Unless, of course, the timing of the prosecution is politically motivated.
I think crap like this is intended, by the Democrats and their henchmen, to ensure Trump's nomination and ultimate defeat. I oppose Trump's nomination, because there's at least one good alternative, who supports the same public policies, but doesn't have Trump's record of incompetence in office.

narciso said...

ken white lost his ever loving mind long ago, now jack smiths long record of prosecutorial malfeasance and abuse are quite clear, to most observers,

Quaestor said...

"Insane drug user" is a mild rebuke compared to the honest truth, i.e. corrupt tool of oppression and tyranny.

Drago said...

The Godfather: "I oppose Trump's nomination, because there's at least one good alternative, who supports the same public policies,..."

No, DeSantis does not support the same foreign policies, economic policies, or trade policies and potentially military/war policies that Trump supported/supports.

Which is why DeSantis was a Paul Ryan acolyte while in Congress (see TPP and Fast Track Authority support), oppossed fair trade tariff practices to rein in the ChiComs, and has already walked back his quite modest critique of our Ukraine policy after his globalist funders/staffers yakked at him.

The old "we can get Trump policies without the Trump drama" is no longer remotely close to an operative theory.

If you support DeSantis then you need to be quite realistic about what a DeSantis presidency policy lineup would be, both on the positive side and the negative side.

Not that it matters IMO.

Once the GOPe supported deep staters/dems take Trump out thru corrupt lawfare, as I believe they will, there will be little chance of DeSantis converting that large chunk of the republican base since they properly see DeSantis as the anti-Trump force's planned replacement.

Readering said...

Ah, Drago, my most loyal follower, spewing nonsense again.

narciso said...

oh devlin barrett who swallowed every tidbit from mueller like it was tootsie roll, when in point of fact he delivered bupkis,

traditionalguy said...

I can’t quit remembering that the Deep State isn’t out to get President Donald Trump. The sons of bitches are out to get me for being a straight white man that protests being robbed and imprisoned for crimes that I have never committed.

Butkus51 said...

You are always on my mind, you are always on my mind.

Lem the artificially intelligent said...

I suppose a “gag order” is not election interference.

Next thing we know, Trump is going to have to ask permission to debate from a judge.

It’s really like he might as well be called a convict, as far as the news media is concerned.

Randomizer said...

Trump is likely trying to provoke a legal battle

Of course, because it was Trump who lured the FBI into investigating him when he first ran for president, and he tricked the FBI into working against him during his entire presidency.

portray himself as a victim of censorship as well as government abuse

After the Leftists in government got social media to do the censoring for them, many people should be concerned about censorship.

Drago said...

Readering: "Ah, Drago, my most loyal follower, spewing nonsense again."

You were wise to omit anything specific in your response since it would simply draw more attention to your original moronic comment.

Again, the rule is a simple one: stop writing dumb things and people won't notice you have a habit of writing dumb things.

Its almost as if there is a direct correlation!

Also, I couldn't help but notice that The Triumverate Of Business Ignorance has been missing your input as of late.

For the readers of Althouse blog, the way this apparently "works" is that 3 of our biggest lefty business dunces have created a rough division of "labor":

- readering attacks Musk by pretending Tesla is a "dead man walking" company

- Dumb Lefty Mark reports out just about daily over what he claims is X/twitter2.0's daily imminent demise

- gadfly, an engineering illiterate, opines often as to how SpaceX isn't really a "real" rocket scientist operation at all...its just a government welfare program

Every now and again these buffoons will overlap their adolescent corporate criticism but by and large this is how it breaks down.

To put the final cherry on top of this serial, substance-free and vacuous criticism of Musk and his operations, our very own LLR-democratical and Violent Homosexual Rage Rape Fantasist Chuck will pop in now and again with a personal critique of Musk being a "clown" and lacking in business acumen.

And of course, wbenever LLR-democratical posts anything LLR lonejustice can't be far behind.

Yes indeed these 4 Althouse lefties are like a "murderers row" of absurd twaddle.

gadfly said...

Dave Begley said...
Weren't we previously told that Judge Cannon is a Trump-appointed judge who made a horrible mistake previously? Why can't the Left get its story straight?

Dave, you're the lawyer in this discussion and you know damn well that a SDFL Appeals Court severely criticized Aileen Cannon for barring Federal agents and prosecutors from reviewing a batch of classified documents seized during the MAL search. Her order was ultimately thrown out in a scathing opinion by a panel of three-conservative judges, which found she had overstepped. So who cannot get the story straight?

Birches said...

Isn't Ken White Popehat? Talk about finding one of the most Anti Trump people out there and then laundering him into an "expert." Completely ridiculous.

Saint Croix said...

Any of the liberals who are worried about "prejudiced juries" ought to contemplate the show trial the United States Congress put on TV for about a year

when Trump was a private citizen.

As every attorney in the universe knows, prosecuting people for crimes is not something the Congress does. You morons in Congress have Article 1 powers, not article 3 powers. The entire thing was a disgrace from beginning to end.

No due process.

No cross examination of witnesses.

It was a highly partisan shit-show, a fucking joke. And the Speaker of the House, Nancy Pelosi, was not an attorney (obviously), and saw zero problems with a kangaroo court that desperately wanted to convict Donald Trump in the court of public opinion.

Now you're trying to do (multiple!) "real" judicial proceedings while that fake one-sided shit ran on TV for a year or more?

If the judge wants my respect, he should attempt to de-politicize this fucking circus. It's pretty much an impossible job. But a good start would be to remove all the Democrats from the jury pool.

It sets a good precedent for all our future witch-hunts. Are there any Republicans who are mean motherfuckers who hate Joe Biden? You might want to remove those fuckers from future jury pools when that hair-sniffer is charged with Assault on a Woman.

That includes me, of course! I know you're guilty, Joe Biden!

Leland said...

So who cannot get the story straight?

You gadfly. If you are going to make derogatory comments about the judge, you should be gagged, no? That's the argument the press is making, except Trump's remarks are about the prosecutor. The gag order would prevent Trump from saying mean things about the prosecutor, who is by the power of prosecution claiming mean things about Trump.

Readering said...

Drago I defy you to find a single Musk/Tesla criticism from me. You are pathetic in recycling the same tired stuff.

Drago said...

readering: "You are pathetic in recycling the same tired stuff."

I'd say it has been demonstrated quite conclusively just who is pathetetic with their "tired stuff".

I suggest you up your game lest you get called out again...and deservedly so.

That would be more productive than attempting to rewrite history...though, as a leftist you are probably genetically incapable of doing so.

Still, I'd like to take an optimistic stance and hope for the best.

Readering said...

Shorter Drago: I got nuthin.