Wrote Trump's lawyers, quoted in The Hill, which says:
A federal judge swiftly granted a request from former President Trump to pause her gag order limiting his speech in the election interference case while he appeals the decision.... A Monday decision from Judge Tanya Chutkan bars Trump speech that “targets” foreseeable witnesses in the case, lawyers on the case including prosecutors and court personnel. It does not bar Trump from criticizing President Biden, campaign rival and former Vice President Mike Pence or the Justice Department and his prosecution in general.
Another quote from Trump's lawyers: "Given its extraordinary nature, one would expect an extraordinary and compelling justification for the Gag Order. But that is conspicuously absent. Instead, the Court generically states it must enter the Gag Order to prevent supposed ‘threats’ and ‘harassment'...."
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68 comments:
Letita James(D) is going after Trump for his verbal valuation of Mar-A-Lago.
Trump had paid back all his loans with interest. No one is harmed by his speech.
the left are a corrupt collective speech crime syndicate of Stalinist criminals.
All while Crook biden and his crook family skate.
We live in a leftwing police state.
All the the corrupt left use threats and harass Trump.
F the collective lair left. Not enough middle fingers.
let's FACE FACTS!
Trump's family used his influence and name to get BRIBES from foreign companies (AND countries!).
One of these BRIBE payments was concealed as a $200,000 "loan" to Trump's brother..
The Very Day that Trump's brother received the $200,000 "loan", he wrote a check to Trump..
For $200,000 dollars.
When a foreign country's prosecutors were investigating, Trump told them that he would suspend ALL aid to that country until the prosecutors were fired.. Well 'Son of a Bitch' they were fired.
Later, that country used evidence of Trump's corruption to force to the US into a WAR.
The man is fundamentally EVIL! Don't even get me started on how his party threw the election!!
Wait a minute... Did you say TRUMP? i thought we were talking about someone else
Kamala Harris had more than a few gag orders in her career.
If you want to end the police state you will eventually have to vote for Trump.
It imposes an overbroad, content-based prior restraint on the leading Presidential candidate’s core political speech...
"Oh, please, dear for your information the supreme court has rejected prior restraint... Come on, this affects all of us, man, our basic freedoms!."
The Dems criminalizing political differences like this is surely how the republic will fall. When the lefties vowed to resist by any means necessary, it wasn’t idle chatter. Someday, there will be paybacks, and we all know how that expression goes. As perfectly stated earlier, there aren’t enough middle fingers.
- Krumhorn
From Erwin Chemerinsky, dean of the Berkeley law school and certainly no Trump supporter:
"Ultimately, the judge imposed a gag order on Trump because his speech is often unpleasant and offensive. But that is simply not a basis for restricting speech under the 1st Amendment. We may loathe what Trump says, but we must defend his right to say it."
I am guessing someone on SCOTUS has whispered in Chutpah's ear that they will overturn her gag order when it reaches them, which it would reach them pretty quickly given the nature of the matter.
Important questions of civil liberties and criminal justice should be decided by who is “leading” in the polls?
Now, were SCOTUS 6-3 Democrat, no stay would have been issued and the gag order would have been much, much broader and included a lot more people gagged.
Only the government can threaten and harass, you see….
I wonder if Trump can overcome the wild attempts at lawfare to harass and silence him. I honestly don't know but, if anyone can do it, he can.
The only thing Chutkan’s gag order did was confirm the worst suspicions about the Lawfare campaign against Trump and add a couple points to Trump’s polling numbers. Chutkan is out of her depth.
I'm sure there are reasons for a (any) gag order, but never really thought about those reasons until this situation.
What valid reasons could there be, and how could that apply in this case?
I stand w Isreal (etc) said...
Letita James(D) is going after Trump for his verbal valuation of Mar-A-Lago.
Trump had paid back all his loans with interest. No one is harmed by his speech.
Tish James has already proven to the Court's satisfaction that former President Donald Trump and his company committed civil fraud by overstating the value of their assets. With that behind her, AG James is documenting testimony to secure a $250 million fine and the barring of the Trump family from engaging in any real estate business in New York for five years - including the 14 properties now being operated inside the state. James has no authority over Mar-a-Lago.
As for no one being harmed by Trump's speech, perhaps you have forgotten about January 6!
Rule of Law, Democrat-style!
Reading about the trial and looking at photos of the presiding judge, I thought of the judge in the movie "Captain Blood", a character based on a real life person (Judge Jeffreys) during the reign of James II. Human nature, immutable.
gilbar said...
let's FACE FACTS!
Trump's family used his influence and name to get BRIBES from foreign companies (AND countries!).
One of these BRIBE payments was concealed as a $200,000 "loan" to Trump's brother..
The Very Day that Trump's brother received the $200,000 "loan", he wrote a check to Trump..
For $200,000 dollars.
Facts are indeed facts and the only fact that dumbass Comer has is a check copy written by one Biden brother to another for repayment of a loan. Inter-family loans are common in my family (some are casual and undocumented), but your family may not be as generous as mine. Perhaps Joe Biden failed to declare income on unstated interest in his tax return, but Comer isn't smart enough to look into that possibility.
Well, I guess that's true. Trump does present a "threat" to the Deep State.
khematite said...
From Erwin Chemerinsky, dean of the Berkeley Law School and certainly no Trump supporter:
"Ultimately, the judge imposed a gag order on Trump because his speech is often unpleasant and offensive. But that is simply not a basis for restricting speech under the 1st Amendment. We may loathe what Trump says, but we must defend his right to say it."
Please! New York Judge Arthur Engoron imposed a limited gag order on defendant Donald Trump after the former president disparaged a key court staffer during his civil business fraud trial.
Trump endangered an innocent court staffer for Chrissake!
The corrupt left want to keep him from speaking on any topic.
I stand w Isreal. Leftists, Mullahs, Hamas-Palistinian terrorists can suck it said...
All the the corrupt fascists use threats and harass Trump.
F the collective lair fascists. Not enough middle fingers
FIFY
John Henry
Disarmed, decapitated, democratized in La la la land.
Meanwhile, back in NYC:
"Former President Donald Trump was fined $5,000 by a New York judge [Arthur Engoron] on Friday for violating a gag order not to speak about any members of the court staff – and was warned twice about possible imprisonment."
Loath what trump is saying. So damn over the top.
Butkus51,
I am ashamed at how hard I laughed at that....
It is my understanding — how poorly developed the case law is on the constitutionality of gag orders, but this one’s limited scope — focusing on commentary that is likely to disrupt the court and unlikely to have significant value even for the defendants — puts Judge Engoron on comfortable legal ground. After all, the case law about gag orders is made by judges, and they’re all likely to be sympathetic to the idea that it’s hard to run a case when a very prominent party is attacking your very non-prominent employees.
I find it insane that these Federal Judges are allowed to act like Emperor's and Kings and seal evidence and judgements, gag defendents and prosecutors and generally do anything they like. Remember johnson and the Flynn Trial, that Guy was breaking one rule and another, and he got away with it.
The apellate Courts are the creatures of Congress, and they can make the rules for the Federal Judges (Not SCOTUS). They could easily pass a law requiring trials to be taken out of DC, if the defendents feel they can't get a fair trial. Or force judges to disclose all settlements, and evidence to the American people.
These are our courts, we pay for them. Nobody elected Leftwing Judge whats-her-face to decide what an ex-POTUS running for another term can say or not say outside of Court.
From Erwin Chemerinsky, dean of the Berkeley law school and certainly no Trump supporter
…that’s no way to keep tenure, Erwin
So Trump may not say the witnesses are liars and the prosecutor is a hack. Tell me again, what country is this?
Think of this in the context of Jan. 6 defendants rotting in jail without trial. DC is a cesspool of corruption from the top down enabled by federal judges.
I am waiting for the leftist mob to hound Chemerinsky out of his deanship because his defense of Trump’s right to speak is literally violence and heretical. Stay tuned.
Will they likewise gag the government, who have been telling us Trump was guilty for the last three years?
if ever a case justified a change of venue and judge, this would certainly be it. perhaps only surpassed by the george floyd debacle.
Krumhorn
What they meant was to resist the constitution by any means necessary. They don't like the fact that our rights belong to every one of us even those yucky deplorables. Can't have that.
Again....again,again,again. Fascists gotta fascist. Libs are fascist terrorists in word, deed, and belief. Treat them accordingly.
I think there's some sort of balancing test here, right? It's something about the importance of the free speech right that's being infringed upon versus the importance of the restriction, in order to ensure that the judicial system works in the manner that it's supposed to. And I assume that speech about court staff is something where it would be relatively easy to show that the balancing of interests cuts toward restricting the speech because unlike the Attorney General who is a political figure, who is an elected official who holds a lot of power over Donald Trump in this place, if you told Trump he couldn't talk about the Attorney General, that would probably be infringing on a fairly important free speech, whereas talking about the law clerk, not so much.
"A federal judge swiftly granted a request from former President Trump to pause her gag order limiting his speech in the election interference case"
The only election interference I'm seeing here is lawfare by Progressives. They always falsely accuse you of what they're doing themselves.
Just to be clear there are two gag orders, two judges, two jurisdictions, and two cases at issue.
Our liberal friends, in particular, seem confused.
As for no one being harmed by Trump's speech, perhaps you have forgotten about January 6!
Another brilliant comment by gadfly. You, of course, are not concerned by the fate of political prisoners held without trial for 1000 days. Hamas would be proud of you.
Facts are indeed facts and the only fact that dumbass Comer has is a check copy written by one Biden brother to another for repayment of a loan.
So if I want to pass along a $200,000 kickback from some corrupt source, all I need to do is write "loan repayment" on the check and everything's good, no questions asked, right? No need for any evidence that Joe actually loaned his brother money, no need to look at his brother's activities for that company.
Prior restraint is usually a no no in First Amendment cases--or at least it was in the old United States.
These days while waging Lawfare in the Blue States--not so much.
".... disparaged a key court staffer." "Trump endangered..."
Does everyone who dares disparage someone also endanger them?
Let's start a list...
The Speaker of the House will only require 3 votes when the dust settles. And who is 98th in line for the Presidency? We MIGHT find someone left who is eligible to serve.
>>>Please! New York Judge Arthur Engoron imposed a limited gag order on defendant Donald Trump after the former president disparaged a key court staffer during his civil business fraud trial.>>>>
Chemerinsky was discussing the gag order imposed by Judge Chutkan. Not all gag orders are identical.
Leave Donald Trump Alone!
If the alleged “race-based” voting patterns of Alabama voters required SCOTUS interference in drawing congressional district boundaries, the “race-based” voting patterns of D.C. voters should compel SCOTUS to hold that the D.C. jury pool violates Trump’s constitutional right to a fair trial.
I suppose that, like me, other supporters of free government were uncertain for the last few years whether the unending indictments, etc. of Trump and his supporters really represented an attempt to criminalize opposition to the Democrats' governance of our country. But the "gag order" focuses the issue. A federal judge has ordered a candidate for President not to speak without judicial approval, on penalty of contempt of court -- they can throw you in jail for that, you know.
Supporters of FREEDOM -- whether they support Trump's candidacy or not (I don't) -- should DEMAND that President Biden instruct the Attorney General he appointed to STOP THIS STUFF until the election is over.
Gadfly said:
Tish James has already proven to the Court's satisfaction that former President Donald Trump and his company committed civil fraud by overstating the value of their assets
A private entity overstating assets is not a crime.
Rich said...
"I think there's some sort of balancing test here, right?"
Nope. Care to rethink that?
Brandon has never held a regular job in his life. Even his famous lifeguard job ("the little colored girls liked to feel my hairy legs") was on the govt teat.
So where did he get $200m to lend to his brother?
I think that is a more interesting question.
Jams does well. He gets a lot of govt money via no-show contracts.
It's not like Brandon is a financial genius. He's the guy who sold the only driveway into his house. Not just once but twice.
John Henry
Gadfly said,
"Facts are indeed facts and the only fact that dumbass Comer has is a check copy written by one Biden brother to another for repayment of a loan."
No it wasn't. It was a bribe from a medical care company to Joe Biden via his brother. It is a very common way for stupidly arrogant people to launder money because they think no one is looking.
John henry said...
“F the collective lair fascists. Not enough middle fingers.”
First seen in high school….
Person A: Hey, you big fat jerk!
Person B: (Looks at Person A)
Person A: (Bends arms at the elbow, keeping arms close so that the hands are at shoulder level. Points hands out vertically and starts flapping furiously like a bird.)
Person B: What the hell is that?
Person A: A flock of birdies! (Extends middle finger into Person B’s face.)
Blogger iowan2 said...
Gadfly said:
Tish James has already proven to the Court's satisfaction that former President Donald Trump and his company committed civil fraud by overstating the value of their assets
A private entity overstating assets is not a crime.
gadfly has never figured out that the "Labor theory of value" is a communist doctrine. An asset is only worth what someone will pay for it. To call setting a price, even in theory, a "fraud" is an old lie. I can tell you what my house is worth. If you pay what I ask, or even lend on that value, it is your responsibility to do due diligence. Unless I conceal a fact it is not fraud.
gadfly said...
" but Comer isn't smart enough to look into that possibility."
Comer has now been on Fox 200 times. he must be smart.
https://www.mediaite.com/tv/james-comer-appears-as-guest-on-fox-for-whopping-200th-time-this-year/
“Tish James has already proven to the Court's satisfaction that former President Donald Trump and his company committed civil fraud by overstating the value of their assets. With that behind her, AG James is documenting testimony to secure a $250 million fine and the barring of the Trump family from engaging in any real estate business in New York for five years - including the 14 properties now being operated inside the state. James has no authority over Mar-a-Lago.”
As if there weren’t other parties estimating Trump’s property values concurrently. WTF… seriously!?!?
There's an endless list of how lawyers and judges subvert the law and constitution while manipulating the justice system. This is but the tip of the iceberg
Inman
I had a conversation with a Mutaman-like person this week.
"He's guily of fraud for over estimating the value of his real estate assets!"
Me," How did he do that?"
Mutaman-like person, "He over valued them!
Me, "How?"
Mutaman-like person, " It's easy! It's not like a house it's easier to commit fraud when it's somethimg like the John Hancock Tower!"
Me, " No. It's harder."
(silence)
Me, " Everything that has ever been done to that building has been documented and recorded. Every time a renovation has been done permits have been obtained from the city descibing the work to be done and approximate cost. No jankey homeowner pulling up a foundation to put in a sub basement. Not only do the buiulding owners know what their property is reasonably worth so does the bank. If the state is crying that the peoperty is over valued then they didn't do their job when appraisal for property taxes time came along. Not the building owners fault."
Mutaman-like person, "Yeah, but..............(Trump)"
What happened here was one of Trump's lawyers made some snide remark about this law clerk who was assisting the judge in court and this hit the news. Trump's people online started investigating her. Found her Instagram account and found a picture of her at some political event, standing next to Chuck Schumer, and Trump turned this into a Truth Social post calling her Schumer's girlfriend. Notwithstanding, there was no evidence that there was anything more than these two people standing next to each other in a picture, once, and saying that she's running the case against me. It's disgraceful. The case should be dismissed and linking this poor woman's Instagram account.
So, there was a predictable surge of attacks and threats to this young woman and the judge did not take it well. He first ordered Trump to take down the Truth Social post and then he issued, the first gag order Trump has gotten. Basically just saying, "don't attack my courtroom staff."
This is really just remarkable. I would think that one of the earliest things you've learned as a lawyer that received wisdom from every other lawyer, is be nice and suck up to courtroom staff; court reporters, courtroom clerks, law clerks, secretaries, anything else. Do not antagonize them. They hold disproportionate power. They can make your life easier or they can make it harder. So, this is just a terrific blunder of a thing to do. Trump’s and his team have made the judge mad. He's gotten this gag order and it's only going to get worse from there. So, if you want to get all the judges mad at you, this is the way to do it.
So Trump sees a picture of the clerk cozying up with Chuck Schumer--the clerk for the Judge who is running this absolute clown show of a political hit job against him--and Trump concludes that this is yet more evidence that the clown show is indeed a clown show political hit job against him. And decides to point this out to the public.
To Rich, this is an outrage because every lawyer knows that you are supposed to suck up to the clerks and not make the judge mad, because they have power.
Because that's what the First Amendment says--that the Freedom of Speech shall not be abridged, unless the judge and his minions hold your fate in their hands, in which case All Hail The All-Powerful Court.
If you can't stand a little political heat, don't participate in grossly political legal hit jobs.
I don’t see the First Amendment right infringement here. If Trump were making constructive observations and criticisms about the justice system as a presidential candidate, that would be one thing. But all his comments have been petulant, inflammatory, and threatening; all made as someone under indictment facing severe criminal consequences. His remarks are designed solely to thwart the legal process.
It’s a modern-day version of Justice Holmes’s “shouting fire in a crowded theater” observation. He cannot be allowed to continually verbally attack and intimidate the judge, prosecutors, and potential witnesses. This gag order, albeit limited, has been a long time coming.
Rich said...
"I don’t see the First Amendment right infringement here. If Trump were making constructive observations and criticisms about the justice system as a presidential candidate, that would be one thing. But all his comments have been petulant, inflammatory, and threatening; all made as someone under indictment facing severe criminal consequences. His remarks are designed solely to thwart the legal process."
No they're not.
"It’s a modern-day version of Justice Holmes’s “shouting fire in a crowded theater” observation. He cannot be allowed to continually verbally attack and intimidate the judge, prosecutors, and potential witnesses. This gag order, albeit limited, has been a long time coming."
Not remotely the same.
Thanks for playing.
Michael K wrote above that some of the January 6 defendants have been held for 1,000 days without a trial I have a few questions. (1) Are these defendants represented by counsel? (2) Have these defendants moved for a speedy trial under the Speedy Trial Act? If so, what was the result? If not, why not?
It’s a modern-day version of Justice Holmes’s “shouting fire in a crowded theater” observation
Rich has never heard of Brandenburg v. Ohio.
Rich, you can shout fire in a crowded theater. In fact, not shouting fire in a theater can lead to deaths.
Not calling attention to persecution by the State can lead to a loss of freedom for the population.
Rich said:
But all his comments have been petulant, inflammatory, and threatening
So you admit that the gag order is about substance not form of speech. You want the government determining if speech is acceptable before it being said. Maybe some sort of speech commission? Or maybe we could call it the Committe for Public Safety.
You need to re-read the Constitution.
It's simple, really. The Left has decided that Trump is guilty of something. This is something.
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