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The Trump Gag Order Should Be Struck Down..Jonathan Turley

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mystery-ak:
   October 20, 2023   
The Trump Gag Order Should Be Struck Down

Below is my column in The Hill on the imposition of a gag order on former President Donald Trump by U.S. District Judge Tanya Chutkan. Despite my long-standing criticism of Trump’s personal attacks on judges and critics, this gag order should be curtailed or struck down on appeal. While the odds tend to favor the lower court in such orders, there is ample reason to object to the scope and language of the order. The ill-defined bar on criticizing the prosecution or witnesses (including one of Trump’s opponents in this election) raises serious free speech concerns. It is also unlikely to have any appreciable impact on the heated public debate over this and other prosecutions of the presidential candidate. Much of this campaign will focus on the alleged weaponization of the criminal justice system. While Trump is still allowed to criticize the case generally, the vague order cuts too deeply into his right to criticize the prosecutor, the judge, and witnesses in the case in this election.

Here is the column:

The imposition of a gag order on former President Donald Trump was overwhelmingly applauded by pundits and press alike. Journalists described the order from U.S. District Judge Tanya Chutkan as “narrow” and “limited.” Most of them lionized Chutkan as an “unflinching” and “no-nonsense”  judge who would not tolerate Trump’s penchant for personal attacks and reckless rhetoric.

However, this order should concern everyone who values freedom of speech. While the odds may favor Chutkan on appeal, this order should be overturned as overbroad and dangerous.

For years, many of us have criticized Trump for his personal attacks on judges and opponents alike. Undeterred, Trump has continued such inflammatory attacks on “deranged” Special Counsel Jack Smith and the “biased, Trump-hating Judge” Chutkan. Smith has pushed aggressively for a gag order, even though one of the major issues in Trump’s campaign is whether the Biden Administration has weaponized the criminal justice system against him and other Republicans.

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https://jonathanturley.org/2023/10/20/the-trump-gag-order-should-be-struck-down/

Kamaji:
No, it shouldn’t. 

Smokin Joe:
If this isn't coming up before a jury, why not?
The judges have already made up their minds.
Who is there left to sway?

Maj. Bill Martin:

--- Quote from: Smokin Joe on October 22, 2023, 01:12:38 am ---If this isn't coming up before a jury, why not?
The judges have already made up their minds.
Who is there left to sway?

--- End quote ---

The gag order is a question of law,not fact,so it is decided without a jury.  Trial judge has made her ruling but this is an issue that can be appealed before trial.

I think the parts of it prohibiting comments about employees of the court will be upheld.  I'd guess that the parts prohibiting comments about the prosecutor will be struck down.  Not sure about witnesses.

DefiantMassRINO:
Attempted witness intimidation, juror intimidation, judicial intimidation, and prosecutor intimidation are not covered by the First Amendment.

Trump is double-dog-daring judges to throw him in jail ... he may get that wish if he continues his defiance and contempt.

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