Gag orders involve First Amendment protection and are presumed unconstitutional. For the judge to have the gag order upheld, the judge must meet the high-bar standard set forth by the United States Supreme Court in Nebraska Press Ass’n v. Stuart, 427 U.S. 539 (1976).
Keep in mind the primary premise for issuing a gag order is to ensure the accused’s right to a fair trial. The nitwittery of this gag-order is thus, to protect the accused from himself.
JWK
“If this [the Trump Grand-jury proceeding] be not a star-chamber proceeding of the most stringent sort, what more is necessary to make it one?” ___ U.S. v Ju Toy
Keep in mind the primary premise for issuing a gag order is to ensure the accused’s right to a fair trial. The nitwittery of this gag-order is thus, to protect the accused from himself.
JWK
“If this [the Trump Grand-jury proceeding] be not a star-chamber proceeding of the most stringent sort, what more is necessary to make it one?” ___ U.S. v Ju Toy
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Next would be blindfolding Trump and rolling him into the court room on a dolly so he doesn’t give the jury dirty “looks”.
Wouldn’t surprise me a bit.
These activists judges are a dime a dozen.
They really aren’t activist judges. They are judicial tyrants and need to be punished . . . no punishment to be left off the table.
JWK
When will our pathetic and spineless Republicans in Congress adopt a resolution, confirming the Democrat Party Leadership is actively participating in an ongoing and planned invasion of the United States of America?
Ahhhhhhhhhhh…an appellate court overturned an illegal judicial order that was intended to alter an election? Wow…I didn’t think I’d actually witness an unprejudiced legal system again. It looks like the impregnation of corruption so blatant in DC hasn’t totally spread throughout the whole country…yet…excluding the 9th of course.
The appellate judges – Patricia Millett and Cornelia Pillard, both Barack Obama appointees, and Brad Garcia, a Joe Biden appointee – said they would fast-track Trump’s appeal of the gag order and hear arguments in the matter on November 20.
You are correct and we will know more on the 20th. It may have just been for show, to give the impression of being “fair”?
Seems to me the gag order does exactly what our founders forbid the federal government from doing, when they ratified the first ten amendments to our Constitution.
I agree. What is currently happening is comparable to the FBI duping FISA Court Judges to get spying warrants but just like then…nothing will happen and no one will be held accountable for their illegal misdeeds.