October 16, 2023

"Federal judge Tanya Chutkan partially granted prosecutors’ request for a gag order on Donald Trump..."

"... in his trial over charges related to the trying to overturn the 2020 election. The former president will be banned from attacking special counsel Jack Smith and his staff, as well as witnesses in the case and court staff, but Chutkan declined to stop him from alleging the case is politically motivated, or criticizing the government generally."

47 comments:

Enigma said...

Next up, an actor will portray Trump's thoughts in dramatic, fictionalized podcast.

See UK censorship of the the IRA/Gerry Adams from 1988 to 1994:

https://en.wikipedia.org/wiki/1988%E2%80%931994_British_broadcasting_voice_restrictions

Narayanan said...

is the judge saying 'speech is violence' or
saying ?speech only is allowed ok but not violence !actions?

MadisonMan said...

...Chutkan declined to stop him from alleging the case is politically motivated, or criticizing the government generally.
That is, Chutkan declined to stop Trump from telling the truth. (rolling my eyes at "alleging")

Yancey Ward said...

But Smith will be allowed to leak relentlessly to the press.

Gusty Winds said...

Can Trump coin a nickname for Jack Smith and use that?

Joe Smith said...

John Holmes was on trial once.

The judge issued a gag order.

There was a hung jury.

I'll be here all week.

rhhardin said...

Trump can criticize anything he wants, like any American.

Quaestor said...

This decision was based on the precedent of a similar gag order imposed on James Carville for his unbridled attacks on special prosecutor Kenneth Starr.

(That's my story, and I'm stickin' to it.)

wendybar said...

Tom Elliott
@tomselliott

To save democracy, first we have to embrace fascism

Leland said...

Make the bad man stop saying mean things about us while we destroy his livelihood.

It is times like these I think about how Gen. Flynn’s career and reputation was ruined by essentially anonymous FBI agents that lied on their affidavit and faced no legal consequences. Or more so, the various lawyers and investigators paid for by Mueller for 3 years to determine a never vetted dossier was bogus. The gag order is to prevent their names from being known. They probably were educated from Harvard and, like current students there, want to say ugly things about others while being shielded from anyone pointing out exactly who they are.

Buckwheathikes said...

Jack Smith, see, he's not "the government."

tim maguire said...

Gusty Winds said...Can Trump coin a nickname for Jack Smith and use that?

Call him "May 35th." The media will have to explain it, and every time they do so, they'll draw attention to Biden's corrupt China connections.

n.n said...

The democratic-dictatorial duality.

Iman said...
This comment has been removed by the author.
hombre said...

These prosecutors are agents of the US government, paid by tax dollars, acting in the name of the government. Trump is not allowed to criticize them publicly.

These DC turd judges continue their war on justice and our Constitution. It is to be expected from DOJ Stasi, but judges?

Goldenpause said...

The judge just made an in kind contribution to Trump’s campaign.

Brian said...

or criticizing the government generally

One can criticize England, but not the King of England.

That can’t possibly pass constitutional muster.

Readering said...

Trump declares he will appeal the order. Good thing he has lots of lawyers and lots of money to pay them.

Balfegor said...

I think barring him from verbal attacks on witnesses and court staff is fine -- witnesses to avoid intimidation, and court staff because they're not deciding anything; they're just clerks or whatever.

But the idea that the prosecutor should be immune from personal invective outside the courtroom is, frankly, obscene. My view on the prosecutor's "staff" really depends on what level the staff are. If we're talking secretaries and paralegals, eh, seems reasonable. They're just doing a job. But if they're lawyers, well, they shouldn't be immune from the mockery, criticism, or contempt of the public. Lawyers wielding the power of the government shouldn't ever be able to hide behind the cloak of institutional anonymity or the prohibition of lèse majesté.

I haven't read the article or the order, though -- maybe it's more measured than that.

All that said, though, I think this is a boon to Trump. He can just solemnly point to the order, and it basically makes a mockery of the proceedings on its own. You can imagine his supporters making use of it too. Point to something the prosecution has done or said, then "criticism redacted" with a screenshot of the gag order. Stuff like that.

Also, being prohibited from saying outrageous things is . . not exactly unhelpful to Trump the candidate.

Rich said...

Chutkan won’t restrict: statements about Biden, DOJ, or case being “politically motivated” (all seen — accurately — as free speech)

Chutkan will restrict: statements about Jack Smith, the court and its staff, and possible witnesses.

A fair middle ground partial gag order.

Chutkan also said there will be additional sanctions if any party violates this order. I think she takes a reasonable approach here and leaves herself room to escalate if necessary.

Rabel said...

Lock him up for unapproved speech, Judge.

See what happens.

Friendo said...

Asshole

JAORE said...

This Judge, this location....Forgone conclusion. Can't we just go straight to the appeal?

Sheridan said...

Is the judge afraid that Trump will taint the jury? Is she afraid that Trump will make her and the prosecutor look bad? Talk about dumb as a rock. Her gag order will increase the criticisms against her and Smith. All of this benefits Trump and I would think that Smith knows that.

Rich said...

A very sensible and well-argued order. Vague recollections of a scene in Yes, Minister.

Hacker: "So we'll need a judge with some common sense?"

Appleby: "That's right."

Hacker: "It won't be as easy as you think."

Lem the artificially intelligent said...

Trump is only partially dead.

But partially dead, means slightly alive.

Lem the artificially intelligent said...

A partial gag is when there's not enough money for the props necessary for a full-dress gag.

Ampersand said...

These prosecutions keep the spotlight on Trump's martyrdom. Without them, we'd be talking about his actual flaws and strengths.

Lem the artificially intelligent said...

BTW, if haven't ordered your Halloween gags, forget about Amazon. Proceed to your nearest Walmart, where there shall be weeping and gnashing of teeth, when ye shall see Fauci masks, Trump masks, and Elon, and Biden, and all the bloggers, in the kingdom of Socials, and you yourselves thrust out.

PB said...

Chutkin loves using ambiguous words in legal orders. Isn't attacking a physical assault? How did she get through law school?

Tom said...

How on earth can Donald Trump taint the DC jury pool more than it’s already tainted?!

pacwest said...

Readering sez:
Trump declares he will appeal the order. Good thing he has lots of lawyers and lots of money to pay them.

Yes it is. When you're being persecuted by the government money is helpful. Because if you don't have millions for lawyers the government will put you in solitary confinement for 2 years waiting for a trial date. Just ask the tourists that were 'parading' on Jan 6.

Do better Readering. I know you are trying, but it still shows.

Jupiter said...

"The former president will be banned from attacking special counsel Jack Smith and his staff, as well as witnesses in the case and court staff ..."

Of course, he is not banned from praising them. Jack Smith gives a better blow-job that any man alive.

pacwest said...

It reminds me of the bit from firesign theater on Don't Crush that Dwarf :

Judge: If you don't answer the question we are going to have to gag you.

Defendant: What question?

Judge: Gag him!

rcocean said...

THank God, the leftwing Obama appointed Judge is allowing Trump to criticize the trial. But Biden's stalinist DoJ prosecutors are not to criticized or questioned in public. The poor dears can dish it out, but they can't take it.

GRW3 said...

He could use that line from the House of Cards

You might say that, I couldn't possibly comment.

TickTock said...

It’s Official then. Bill of rights cancelled for the duration.

Michael K said...

That judge and 9-0 reversal Smith are showing us what the Nazis would have done if they had won WWII.

Mike said...

We do have a two-tier justice system in this country. Anyone else who'd said the things Trump has already said about this case would already be in jail for witness intimidation and/or contempt of court.

Narayanan said...

How on earth can Donald Trump taint the DC jury pool more than it’s already tainted?!
======
could Trump verbiage coat /RedPill/ and get feed to Jury Pool >> = untainting?

Wince said...

Anything in the order about leaks from Jack Smith's office?

If leaks are ultra virus on the part of the prosecutor, does that mean Trump can comment because the leak was not done pursuant to the prosecutor's authority?

Jupiter said...

"I think barring him from verbal attacks on witnesses and court staff is fine -- witnesses to avoid intimidation, and court staff because they're not deciding anything; they're just clerks or whatever."

Well, unfortunately, they ratified the Constitution, including the First Amendment, before they got around to consulting you. Maybe next time?

jim said...

“This is an act so egregious that, in times gone by, the punishment would have been DEATH!”

Cameron said...

Here's the thing. You don't need a gag order to prevent witness intimidation as witness intimidation is already a crime. The issue for the partisans is that the speech doesn't come anywhere near meeting the requirements of the crime. So they lower the bar by criminalising his speech. Which is very likely unconstitutional.

Bunkypotatohead said...

"You must know it by now. You can’t win. It’s pointless to keep fighting"

Agent Smith

Brian said...

Chutkan will restrict: statements about Jack Smith, the court and its staff, and possible witnesses

At least one of the witnesses is a competitor for the Republican Nomination. Not going to fly.

Threatening a witness is a crime. Making statements about a witness is not and is protected by the First Amendment. Try again.

Witness A better not testify or he'll end up hurt = Crime
Witness A is stupid and doesn't know anything and in fact is the real criminal = Not a Crime.

Jupiter said...

Hey, I just want to reiterate, Jack Smith is a nonpareil. When you've got Jack Smith humming on your renal discharge unit, you are in a position to Camp Happy!