Posted on 06/22/2024 1:32:31 PM PDT by E. Pluribus Unum
Gag orders, constitutionally dubious, are meant to protect the integrity of a judicial proceeding.
However, even with the trial over, the gag orders imposed on former President Trump are not going away.
DA Bragg’s office (which had just freed the antisemitic Columbia Hamas rioters) demanded a continuation of the gag order which prohibits him from commenting on the individuals involved in the trial.
Since Trump is also running for president and Biden is spending $50 million to attack him over the various Democrat trials imposed on him, this effectively bans a presidential candidate from debating a campaign issue.
The New York Court of Appeals claimed that “no substantial constitutional question is directly involved” in gagging a presidential candidate when in reality several are involved.
But weasel words like “substantial” and “directly” give away the game.
Imposing a gag order post-trial on a potentially indefinite basis has no legal validity. There is no longer a judicial proceeding to protect. The basis for Bragg’s demands is the DA’s claim that he’s still getting death threats and that Trump may seek revenge. There will be plenty of people who hate Bragg regardless of what Trump says and the rationale that the rhetoric poses a personal risk rather than a risk to a case allows for a permanent gag order.
It also shifts away from protecting judicial proceedings before and during to protecting them afterward, and from restricting speech by a participant in a legal proceeding to restricting speech that political agitators believe threatens them.
How long until the same doctrine is being used to muzzle not just Trump but everyone?
(Excerpt) Read more at frontpagemag.com ...
Cuomo is next.
During the debate, Trump should respond to any question he doesn’t like with, “I’d like to respond to that, but I don’t think I can because of the gag order.”
Shove this crap sandwich right back down their throats.
“...to protect the integrity of a judicial proceeding.”
What integrity?
Trump can speak to the public records of the trial, its outcome, the Soros appointment of Braggs, the unorthodox means of selecting Merchan — all of which are public record.
The gag order hype seems like a way to keep the bogus conviction on the front page.
He should also point out he was vetted and found competent to stand trial in contrast to JB.
I’m concerned about July 11th. I think this “judge” is going to sentence him to house arrest at least till after the election. What then? Blatant election interference
Yeah, I think Trump’s argument should be that there isn’t any integrity left to protect; everybody already knows it’s a political sham.
I do wonder what will come of the Michael Anderson issue though - where he posted on the court’s social media page the day before the verdict, saying his cousin was a juror and they were gonna convict Trump. That is potential witness tampering and definitely against the jurors’ rules, and should render the whole thing a mistrial.
I would hope that if that happened SCOTUS would intervene.
Well said.
If merchan is forced to declare a mistrial because of Michael Anderson’s post, would a new judge be selected for the new trial? Maybe they could even make it a random selection as it is supposed to be, instead of appointing Merchan to all of the cases coming from Bragg’s grand jury (that he lied to).
If that happened, Merchan wouldn’t be on the case any more and his gag orders would no longer be in effect, right?
Post of the day!
Gag order my ass. The words “Go to hell” just don’t seem to be in anyone’s lexicon anymore.
Perfect!
🍿🍿🍿
NY Court of Appeals used to be the universally respected source of soundly reasoned law and eternal precedents. No more.
Trump needs to sue Alvin the fat chimpmonk for not allowing him to defend himself from the lies being spread by the DNC fags.
Roberts is involving the Court in Bannon possibly not going to jail. Wouldn’t they be even more interested in Trump’s case?
Roberts is involving the Court in Bannon possibly not going to jail. Wouldn’t they be even more interested in Trump’s case?
How much you want to bet that Bannon still goes to jail? As in, the DOJ will give the middle finger to the SCOTUS and dare them to stop Bannon’s incarceration.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.