10-16-2023, 02:10 PM
Pardon the source, but it contains more of the back and forth:
https://www.meidastouch.com/news/summary-of-trumps-gag-order-hearing
https://www.meidastouch.com/news/summary-of-trumps-gag-order-hearing
Quote:Judge Grants Partial Gag Order on Trump
[color=var(--dek_size_c_color,#333)]The hearing was held today in DC Federal Court
[/color]
- Ron Filipkowski
- 43 minutes ago
The hearing was held today on the government's request for a limited gag order on Donald Trump in his J6 case. Judge Chutkan granted most of what the government requested.
Judge Chutkan began with the prosecution. The Judge pointed out that there are already terms in place to prevent Trump from threatening or intimidating witnesses, but that the government is seeking additional protections. She asked the prosecutor to define "disparaging, inflammatory and intimidating" comments, since those words could be interpreted rather broadly and could include protected free speech under the First Amendment.
Judge Chutkan then questioned whether the government's request actually went far enough, suggesting that some of the comments made from a normal person may be fine, but could constitute a veiled threat when made by someone with Trump's history. She gave the example of a Trump comment such as, "I know Witness X will do the right thing when he testifies."
John Lauro then argued on behalf of Trump. Judge Chutkan started off by informing Lauro that since Trump is a criminal defendant, "he does not have the right to say and do as he pleases." Lauro argued that when Trump speaks about the case, that is part of his presidential campaign and he has a First Amendment right to criticize the prosecutions: "Prosecutors want to stop Trump from speaking out about the issues of the day."
Judge Chutkan responded to this argument by asking rhetorically if running for president would give a criminal defendant the special right to be able to intimidate witnesses and parties to the case. The Judge then dropped the first big news nugget from the hearing - that the case will be going to trial in March and she is not going to postpone it.
The Judge then asked Lauro how he would envision the enforcement mechanism for a limited gag order if she granted the government's motion - would the penalty be a fine, admonishment from the court, or revocation of Trump's bond? Lauro responded that none of that was necessary because what was already in place is working. Judge Chutkan then laughed at Lauro, and said, "I have to take issue with you that."
Lauro then argued that a gag order on Trump would give Biden an unfair advantage in the election since there would be no gag order on him. Chutkan responded, "Joe Biden isn't a party to this case, and he's not under pretrial release conditions."
Lauro then argued that when Trump referenced DC being a "filthy and crime-ridden city," he wasn't referencing the jury pool he was talking about Biden's policies. The Judge noted that Trump never mentioned Biden in his criticisms of DC, and said there is no question that Trump's statements about DC disparages the jury pool. Lauro then argued that, if anything, Trump's statements about DC will only hurt him with the jury pool not help him. The Judge said that may be true.
Judge Chutkan then asked prosecutors if they had any issues with Trump attacking Joe Biden by alleging that he was orchestrating the case behind the scenes. The prosecutor said, "He can criticize Joe Biden to his heart's content. President Biden has nothing to do with this case."
The argument then shifted from comments about the jury pool to attacks on the prosecutors. She specifically noted that Trump repeatedly calling Jack Smith a "thug," "deranged," and "insane" was especially inflammatory. Lauro argued Trump has every right freely criticize Smith. Judge Chutkan interrupted and said, "In what kind of case do you think it's appropriate for a defendant to call a prosecutor a thug and remain on the streets?" The defense then argued that since he is a presidential candidate he has that right.
At one point, when the Lauro was arguing that Trump has a right to disparage Smith, Judge Chutkan interrupted him and noted that she really didn't think his arguments were being made to her on legal grounds, "Obviously, you have an audience other than me in mind" when making this particular argument.
Judge Chutkan then asked Lauro if it was necessary for Trump's presidential campaign for him to attack the wife and family members of Jack Smith. Lauro argued that it shows Smith's political bias. Chutkan retorted, "By mentioning his spouse?"
Judge Chutkan then shifted to Trump's comments specifically about her, noting that Trump called her a "Trump hating judge," and an "Obama judge." She then noted how Trump was just admonished for targeting the Judge's clerk in his New York trial: "Do you think a defendant posting a photo of a judge's law clerk on social media is acceptable? Or for Trump to post a photo of my staff?"
Lauro responded, "I'd advise him strongly not to do that," and claimed that he would personally make sure that Trump didn't attack any of her court personnel. Chutkan then responded, "That's not an answer." She then noted that she has already been "the subject of a criminal threat" as a result of Trump's comments, but said she is more concerned about her staff than herself.
Judge Chutkan then addressed Trump's comments abouts potential witnesses. She noted comments Trump made about Mike Pence, Bill Barr, and noted that he recently threatened Mark Milley with execution, reading Trump's Truth Social post aloud in court. Chutkan then noted that Trump should have more freedom to criticize Pence since he is currently running against him, but not the others involved.
Lauro then argued that the government can't necessarily say that the targets of Trump's threats felt intimidated since they didn't present any affidavits from them saying that they felt they were. He also argued that they should be able to handle it because they have been involved in politics for years, "They give as good as they get." Chutkan seemed incredulous, "Really? Are you saying they said Trump should be executed?"
Lauro then suggested that the simplest way to avoid this problem would be to postpone the trial until after the election. The Judge ignored this comment since she already said earlier she was not postponing the trial.
The prosecutor said the Milley post was a clear threat: "We both know the tweet or post about Gen. Milley was a threat. A threat to him and all the witnesses in the case. That if you come after the defendant, he will come after you."
Lauro then responded that none of the statements made by Trump were threats. Chutkan responded, "I disagree." Lauro then argued, "We have to tolerate a bit of colorful speech" from political candidates. The judge then offered several hypotheticals of statements Trump may make about the witnesses and asked Lauro if any of them were unacceptable. Lauro said they were all protected under free speech.
Judge Chutkan then said what would happen if she failed to act: "We're in here because he keeps calling prosecutors thugs. I'm not sure without some kind of restriction, we won't be in here all the time." The judge then took a ten minute recess to consider her decision.
When Judge Chutkan returned, she said she would issue a verbal ruling now but would follow that up with a more detailed written order. She said that she would deny the government's request regarding Trump's disparaging comments about DC because she is confident that the jury selection process will weed out any jurors who may be prejudiced by Trump's comments.
Judge Chutkan said she will also not restrict Trump's comments about the Biden Administration that the case is politically motivated since this is protected political speech.
However, the Judge did impose restrictions on Trump's disparaging statements about Jack Smith, his family, the court, court personnel, and potential witnesses. If Trump continues with these attacks, Chutkan said she would impose sanctions.
This story was compiled from the excellent reporting from inside the courtroom from Scott Macfarlane from CBS, Hugo Lowell from The Guardian, Josh Gerstein and Kyle Cheney from Politico.
![[Image: giphy.gif]](https://media0.giphy.com/media/1kwsTjL8BNqlszNtnCE/giphy.gif)
Your anger and ego will always reveal your true self.
![[Image: oN5QAdY.png]](https://i.imgur.com/oN5QAdY.png)
![[Image: Screenshot-2023-10-23-090023.png]](https://i.postimg.cc/2y4qLGVd/Screenshot-2023-10-23-090023.png)
