A request from prosecutors for a gag order aimed at reining in Donald Trump’s rhetoric is putting the judge overseeing his federal election interference case in a tricky position.
Frustrated father of Ribault Middle School student wants answers after he says bus didn’t show up twice this weekFILE - Former President Donald Trump speaks during the Pray Vote Stand Summit, Friday, Sept. 15, 2023, in Washington. in a tricky position: She must balance the need to protect the integrity of the legal proceedings against the First Amendment rights of a presidential candidate to defend himself in public.
“If we allow that to stop a judge from doing what is called for, that’s a big problem for rule of law. But on the other hand, if I were the judge, I would certainly be thinking about it," she said. Special counsel Jack Smith's team envisions a broader order, seeking to bar Trump from making inflammatory and intimidating comments about lawyers, witnesses and others involved in the case that accuses the former president of illegally plotting to overturn his 2020 election loss to Democrat Joe Biden. Trump's lawyers call it a “desperate effort at censorship” that would prevent Trump from telling his side of the story while campaigning.
“And so in some sense, you may be playing directly into his hands by essentially creating yet another mechanism for him to try to push this until after the 2024 election because my sense is that any gag order that she issues will eventually reach the Supreme Court,” Neuborne said. There is some limited precedent for restricting speech of political candidates who are criminal defendants.
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