Originally published at: https://boingboing.net/2024/06/18/still-gagged-trump-continues-to-struggle-with-consequences.html
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So under normal circumstances when or would the gag order expire?
Under abnormal circumstances (like Trump) how long could it be extended. I do feel he has the potential to endanger the jurors until he is dead. (And possibly after)
Folks should keep in mind that “constitutional rights” are not 100% You’re not free to say anything you want, for example libel, Then again when I went to public school this was mentioned quite often. For some silly reason I actually listened.
He still has business with the court (sentencing) so at the very latest it should extend until that is complete.
The melon felon makes me want to gag.
Okay, so the gag order officially stays.
So what?
Tr**p is immune to consequences. He violates the gag order constantly. He says openly racist, bigoted, often libelous things right out in public, on camera, and his fan base laps it up. He’s been an openly corrupt liar and creep his entire privileged life and not been visited by a single consequence of note. Why would he feel the need to obey the gag order? I don’t believe he will spend a minute in any sort of prison, he will be “sentenced” to house arrest in his faux-opulent country club where he can have gourmet hamberders and continue to have all his influence and power because of course he will!
The gag order stays. What happens when he violates it? Not “if he violates it”, when. What happens when he decides that he’s bored with house arrest and just flies out to some rally on his private jet? Will anything happen to him?
If anyone is struggling with the consequences of the gag order, it’s the court. Any other defendant violating it so flagrantly and so often would have already spent several weekends behind bars.
[I owe @SoylentPlaid a Coke.]
… especially after a conviction
Gag orders usually last until the judge or a superior court decides they shouldn’t. Some last forever – there are many cases where part of the judgement/negotiated agreement is to never talk about certain aspects of the case, though as other cases involving the orange one show even that has legal limits. In this case, the jury member’s identities should never be revealed, and that part of the gag order should remain in place unless all the members of that jury all voluntarily come forward and give permission. The judge may relax the part about his daughter and court officials, but it is doubtful he will about witnesses, the jury, or other people who may find themselves endangered by this madman or his followers should he be allowed to vilify them.
Good news. I was just reading the “contempt” section of the New York State law, and section 781 has the following tidbit:
§ 781. Punishment of misconduct at trial term. Where a misconduct,which is punishable by fine or imprisonment, as prescribed in this article, occurs at a trial term, or with respect to a mandate returnable at such term, and was not punished at the term at which it occurred, the supreme court may inquire into and punish the misconduct, as if it had occurred at a special term of the supreme court, held in the same county, or with respect to a mandate returnable at such a special term. https://www.nysenate.gov/legislation/laws/JUD/781
So, if I’m reading this right, and IANAL, at any future New York State trial, a judge might decide to act on those very gag order violations as if they had happened in their own court. Note that in NYS “supreme court” refers to trial courts, with the appellate courts above that1. If an actual lawyer with access to case law could confirm one way or another about how contempt works in the New York system, I’ll buy you a virtual beer.
1https://ww2.nycourts.gov/courts/8jd/structure.shtml
Has he, in fact, struggled with any consequences, apart from maybe a few trivial fines that were easily covered by campaign donations?
well you’re certainly free to say libelous things, so long as you understand it has consequences.
all speech has consequences, some legal, some moral or social. the constitution, of course, is really about what limits can be put on the legal consequences. and as you say: it’s not “there can be no legal consequences ever”
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