It’s amazing that the corrupt statists in government continue to get away with their tactic of using gag orders to mislead the public. The statists put out a bunch of FUD that is incorrect and completely misleading then they quickly get gag orders to make sure that the folks the statists are oppressing can’t respond or sometimes even find out relevant information.
By the way, IBTG.
It’s tempting to say when pigs fly but Waco has been getting a lot of very bad press over this so who knows.
In before anyone else! NOT that it matters! ; )
Thanks for the post. Will look forward to FReeper comments.
The police and AG in Waco, the FBI, etc are trying to figure out if they can suround the jail with tanks and set it on fire to cover up the situation.
September 14, 2015 Clendennen Gag Order Brief to Court of Criminal Appeals
September 14, 2015 Reyna Gag Order Brief to Court of Criminal Appeals
September 14, 2015 Amicus Gag Order Brief to Court of Criminal Appeals by Reporters Committee for Freedom of the Press and 24 Media Outlets
September 14, 2015 Amicus Gag Order Brief to Court of Criminal Appeals by Texas Criminal Defense Lawyers Association
I figure there will be a flurry of reporting once the gag order is lifted (assuming it will be, who know what outcome this court intends to justify), then news goes quiet until the "arrest / indictment" clock winds down, and we find out which of the 177 will be indicted. Civil rights suits might well wait until close to the statute of limitations. The statute of limitations in Texas is one year for malicious prosecution, and two years for forcible detainer.
The conclusion is slightly inflammatory. The "Relator" is the DA, Reyna. Reyna's brief argues that the gag order is supported by all sorts of facts and findings - similar to the argument used to assert that the probable cause affidavit cites facts that, if proved, make the accused guilty of the crime.
The trial court's gag order was presumptively unconstitutional. Davenport, supra; Graves, supra. The one assertion that is arguably a finding of fact - that "this" publicity constitutes a "specific threat" - is not supported by any evidence at all. Moreover, the court gave no consideration whatsoever regarding the least restrictive means to achieve a fair trial for the defendant. The order is not narrowly tailored; in fact, it is not tailored at all. In light of the order's sweeping language, the absence of evidence to support it, and its failure to identify any imminent, irreparable harm to the defendant's right to a fair trial, the Court of Appeals was fully justified to conditionally grant the application for writ of mandamus.Relator's refrain that the gagging of his adversary was sought for the charity of the same people his office publicly denigrated has a cynical, self-serving ring. The gag order leaves Relator's public narration unrebutted. This state of affairs does not advance the interest of a fair trial by impartial jurors for the defendant, but it does ensure only Relator's views and its governmental agencies find uncontradicted public expression.
Authoritarian regimes throughout the world spew propaganda while denying any speech which criticizes or contradicts it. There is no meaningful distinction between this foreign political reality and the present circumstance. In either case, views contrary to the prosecutorial machinery are prohibited, leaving the public with only the "official" version of events, spun solely from the government's perspective with an eye toward conviction. The gag order impedes rather than advances the First, Fifth and Sixth Amendment interests involved in a pending criminal case. The only interests it truly advances belong solely to the prosecution.
IBTG. I don’t know how you all read his posts. I feel unclean after only a couple of them. It’s like reading the posts over on DU.
Sure hope this gag order gets lifted so we can start getting some important information.
In reading these threads I’m getting the feeling the feds were in charge and the locals went along with it. Can’t know for sure just yet though.