[Mad-Margaret]

I still want to know where Titus got the authority to issue the order -- especially with respect to the witnesses.

He takes judicial notice of the "facts" in a generalized statement about the "extensive news coverage"; he makes no findings about any improprities; in his conclusions of law, he states that counsel are "duly bound by law to limit any communication with the news media to the subjects specifically permitted by Rule 3.6";

and then, in a leap of reasoning, he restrains and enjoins any witnesses "from communicating with the news media concerning the above-entitled criminal action except as specifically permitted by the provisions of Rule 3.6."

How did he do that?

Notice this line in paragraph 4 of the findings: "No less restrictive alternative is available." That may explain why Titus didn't issue a gag order. Perhaps gag orders are not available for judges in these three administrative settings. Maybe only the trial judge can issue a gag order.

One thing is for certain. The Powers That Be in Durham are doing everything possible to contain and control this case.

Sunlight is the best disinfectant and they want to keep this procceding in a dark, dank star chamber.

[abb]

Sunlight is the best disinfectant and they want to keep this procceding in a dark, dank star chamber.

And we're the sun, the stars and the moon...

[JLS]

He takes judicial notice of the "facts" in a generalized statement about the "extensive news coverage"; he makes no findings about any improprities;

He wants to have his cake and eat it too. He wants to say we are at the brink of prejudicing a fair trial. If he went one step further, he would assure a change of venue motion would have to be granted. He is twisting himself into a pretzel to avoid that.

[jennyd]

Too late to close the barn door now. The cow is already gone.