The Government has proposed a standard, reasonable order that will streamline the flow of discovery to the defendant while preserving the integrity of these proceedings. The defendant has proposed an unreasonable order to facilitate his plan to litigate this case in the media, to the detriment of litigating this case in the courtroom. Normal order should prevail. No oral argument is necessary. The Court should enter the Government’s proposed protective order.
Why? Because Trump and his lawyers want to create a media circus around the trial, which would also potentially allow them to influence jurors. They are not under oath in the media and can spin things however they want. This makes clear why we're not going to be playing that game.
Jack Smith mentions “trial by public opinion” a shit-ton of times. Nice to finally see someone standing up to the orange kumquat’s bullying and stupidity.
While I think plenty of people have been standing up to him, it’s good to see someone like Jack Smith put a name to what Trump has been doing.
Trump’s strategy is to conflate the legal battles and the political battles, all the while having them reinforce each other. I wonder what a gag order would do to this strategy?
Whatever order comes down - protective, gag, or other - my main curiosity is "What happens when Trump disobeys that order?"
Yes, his tack here is to muddle legal with political, but his foundational approach to everything is "I'm going to do whatever I want, I dare you to stop me or apply any sort of real consequence."
Whatever happens when Trump disobeys the judge's order will be the canary in the coal mine, not just for this case, but for the literal future of the nation, and quite possibly the world.
Sure, that's what would happen to any other person if they disobeyed a judge's order like that. Will it happen to this defendant? Will a former president, who is running again for the office of president, be imprisoned for disobeying a judge's order in relation to the criminal charges against him for trying - and very nearly succeeding - to overthrow the presidential election which he lost, and where part of that overthrow included marshalling a violent crowd to forcibly invade the Capitol?
Nothing short of imprisonment would prevent him from repeating the same offense. If he is not held for contempt, all bets are off. Certain people can do anything they want with impunity, including insurrection and treason, and beyond. It would be the literal end of democracy.
Judge Chutkan's handling of previous Jan 6 related cases suggests that she is well aware of this. I hope she has the courage to put that awareness into appropriately firm action.
The request for a protective order will be handled late this week. The weekend of August 12/13, 2023, will be a turning point, one way or the other.
Is this the same judge that directed Trump not to commit any more crimes while he was released on bail? Normally the most important direction at a bail hearing is "you must come to the trial", so I think these folks know they need to treat this case differently.
Judge Chutkan's handling of previous Jan 6 related cases suggests that she is well aware of this. I hope she has the courage to put that awareness into appropriately firm action.
She has not failed to disappoint with the other crooks.
They want to avoid that until the absolute only option that's left is that. Because gag orders are very problematic of the first amendment, and his strategy is entirely trying to make this a referendum on his first amendment rights.
If they don't issue a gag order there's nothing he's being charged with that the first amendment will protect him from. If they do? His argument gets that much stronger.
He is pushing the limits purposefully. He wants a gag order. But he wants it without actually breaking the existing order (which his post over the weekend did not do). If he breaks that he faces additional felonies and they'll be consecutive punishments.
So don't feed into the public demand for retribution, that feeds trump. Let justice grind it's course. The judge and prosecuting attorney are both being meticulous and acting faster than anyone could reasonably expect.
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