This is frankly very troubling:
GAG ORDER: Judge prevents Trump from refuting claims by Soros prosecutor in NYC case, while Biden can make any claim he wantshttps://t.co/22LzqVJoYK
— Jack Poso 🇺🇸 (@JackPosobiec) May 9, 2023
As Mr. Posobiec correctly notes, this doesn’t prevent Biden from saying anything he wants regarding the case, but that is equally true about DeSantis, or literally anyone else trying to win the Republican nomination for President, or anyone trying to prevent Trump from getting a second term.
He won’t stay quiet
Read the new gag order muzzling Trump in his hush-money case https://t.co/AjC9WbbwIh via @businessinsider
— Julie (@Julielikeitis) May 9, 2023
And there are a few things to note about this order. First, this is a prior restraint, which is extremely hard to justify under the First Amendment. Second, the court makes zero attempt to justify it—at least in the order. Even if the court was correct, that is a tactical error: ordinary people deserve to know why Trump isn’t allowed to speak freely.
That being said, this appears to only relate to the information provided by the government to the Trump team, what lawyers typically call ‘discovery.’ As you might know, in criminal cases, the government is required to make certain disclosures to the defense—and how much they are required to provide very much depends on what state you are in (and we haven’t studied New York state law on the subject).
The order prohibits pretty much anyone in the Trump camp from sharing anything they learn from the District Attorney’s office with the rest of the world unless the court gives approval ahead of time. Now, certainly some of the information that is turned over can be reasonably ‘gagged.’ For instance, the Trump team might learn the home addresses of witnesses and there is probably no good reason to disseminate any of that in the public sphere.
But the problem is that Trump might also find strong evidence of his innocence, and be unable to tell the world about it. Or he might find out information that doesn’t bear on his ultimate guilt or innocence, but might still help him politically. For instance, hypothetically, Stormy Daniels might admit that Trump really didn’t sleep with her—a revelation that might help politically, even if it might not be determinative of guilt or innocence. These kinds of gag orders are not unusual in criminal cases, but this is not your usual criminal case. To be blunt, the judge hasn’t provided any evidence in this order that he knows that this is a person running for office, or that this case might end up being an issue in that campaign. To put it simply, it isn’t fair to Trump.
At the very least, the judge needed to explain his reasoning in more depth, in writing, so that we can all see if his restrictions are justified. The failure to provide any justification at all is a serious error.
And this part of the order is also troubling:
it is further ORDERED that, in the event Defendant seeks expedited review of this protective order … any obligation that would exist on the part of the People to produce the information and materials that are the subject of this order is held in abeyance pending the determination of the intermediate appellate court;
In other words, if Trump’s legal team tries for an expedited review of this gag order, the court will punish them by allowing the government to withhold information. If the information has to be turned over, the obligation exists regardless of any gag order.
Naturally, there were reactions:
Biden supporting judge in NYC placed a gag order on Trump, which means NY Times & friends can leak all the misinformation and hit pieces they want and Trump is expected not to respond.
The entire establishment power structure has turned on the American people and they’re…
— Brandon Straka (@BrandonStraka) May 9, 2023
BREAKING: Trump gets slapped with a gag order in the Manhattan criminal case against him.
He is prohibited from commenting or posting evidence re: the case.
Otherwise he will be held in contempt.
Welcome to the criminal Justice system, Mr. Trump.
— Jack E. Smith ⚖️ (@7Veritas4) May 8, 2023
Not quite. He can’t talk about the evidence that the government gives him. That stinks, but let’s not overstate this.
President Trump is Issued 'Gag Order' Over Criminal Trial.
Fk Bragg!! Disgusting evil Elites hijacked our country!
⬇️ Read ⬇️https://t.co/AfCpqbpagO
— Sheri™ – FFT👠 (@FemalesForTrump) May 9, 2023
BREAKING NEWS.🚨🚨
In a first in U.S. history, a presidential candidate will be forbidden to defend himself during an election campaign.https://t.co/o35AvGX995
— Kyle Becker (@kylenabecker) May 8, 2023
BREAKING NEWS.🚨🚨
In a first in U.S. history, a presidential candidate will be forbidden to defend himself during an election campaign.https://t.co/o35AvGX995
— Kyle Becker (@kylenabecker) May 8, 2023
We’re not sure this is the first time in history for any candidate, ever. But we are better versed in history than most and we have never heard of such a thing. However, we are open to being proven wrong.
GAG ORDER: Judge prevents Trump from refuting claims by Soros prosecutor in NYC case, while Biden can make any claim he wants.
President Donald Trump has been banned by a New York judge from posting on social media concerning evidence in a criminal case related to alleged hush… pic.twitter.com/mgfvQ4LMPt
— 1776 (@TheWakeninq) May 9, 2023
The timing of the gag order on Trump is relevant why?
1. He has a town hall on CNN Wednesday
2. His first big speech for the campaign in Des Moines, Iowa this Saturday
This is what you would call election interference.
— Woke Societies (@wokesocieties) May 9, 2023
WTH? Gag order!
BREAKING: Far-Left Judge Blocks Trump From Posting Details About Stormy Daniels 'Hush Payment' Case to Social Media https://t.co/sWHcJZblE6 #gatewaypundit via @gatewaypundit— 🇺🇸ProudArmyBrat (@leslibless) May 8, 2023
Outrageous 😡😡😡
— The ULTRA Craftsman 🇺🇸🔨☢️ (@LeatherJoseph) May 9, 2023
🍌republic
— Otto Fad🍊 (@truth4real) May 9, 2023
At least one person said its time to make liberals live by ‘their rules:’
What a shock. So its time for republican prosecutors to do the same to biden. He is as crooked as they come. Fight fire with fire. Republicans won't because they are spineless vaginas.
— Steve Cramer (@enslaved1s) May 9, 2023
If Hunter Biden is indicted (and we aren’t holding our breath), his father might find himself in the same boat.
Reality aside for the sake of discussion, the OPTIC is that there are two different applications of legal system. It does not speak well for the Left that so few of them do not share that concern.
In the old days we held virtue, duty, honor etc now its all about "might makes… https://t.co/g6bYCDiWpD
— +D.E. Meikle ❤️🔥 ☧ (@FrDEMeikle) May 9, 2023
“Election interference”. https://t.co/MmJswdG9rE
— Inversion (@Invertedworld8) May 9, 2023
Speaking of idiots, many on the left did a fascism:
LMFAOOOO trump was hit with a gag order in the hush money criminal case against him in New York.
GOOD.
— BrooklynDad_Defiant!☮️ (@mmpadellan) May 8, 2023
Trump has gag order placed on him in Manhattan DA’s case against him.
But he’s been practicing. pic.twitter.com/sRhMENnfZv— Nemesis (@timberjack2004) May 9, 2023
My idea of a gag order for Trump. pic.twitter.com/HJrFYqJUrT
— Mark 🍁 (@Markfry809) May 5, 2023
BREAKING: Trump gets slapped with a gag order in the Manhattan criminal case against him.
He is prohibited from commenting or posting evidence re: the case.
Otherwise he will be held in contempt.
Welcome to the criminal Justice system, Mr. Trump. pic.twitter.com/bSoysRgkja
— Emily Winston (@Emywinst) May 9, 2023
And do we have to tell you that Occupy Democrats is doing a full Il Duce over this?
BREAKING: Donald Trump suffers another huge defeat as a judge in New York orders him not to post ANY evidence from his Stormy Daniels hush money criminal case on social media.
The official order states that he is barred from "publicly posting details about witnesses or other… pic.twitter.com/Jgbv65AJLW
— Occupy Democrats (@OccupyDemocrats) May 8, 2023
If you're thrilled that Donald Trump just suffered another huge defeat as a judge in New York ordered him not to post ANY evidence from his Stormy Daniels hush money criminal case on social media — and you can't wait to see Trump behind prison bars — retweet and follow us!
— Occupy Democrats (@OccupyDemocrats) May 8, 2023
He has been told many times to stop talking about an active court case that he is personally involved in. If you don’t see a problem with his actions, you do not care about the integrity of our court system.
— Tony Johnston (@RaccoonDBoone) May 9, 2023
Except literally everyone else can talk about it, and probably will.
We will stay tuned and see if the Trump team will seek expedited review. And it really might come fast. We recall a prior restraint on CBS news which had a preliminary injunction on February 7, 1994. It was lifted by Supreme Court Justice Blackmun on February 9 that year. The courts can move pretty fast when they want to.
We are sympathetic to some very narrow restrictions on what Trump can disclose, but this order appears to be too restrictive.
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