Show Notes: I Gotta Take A Schiff

Trump Trial And The Death of 1A

https://www.foxnews.com/politics/hush-money-trial-judge-tees-up-ruling-whether-trump-violated-gag-order-should-pay-thousands

The judge presiding over former President Trump’s hush money trial in New York City announced he will hear arguments this month on whether Trump violated a gag order amid the case and should pay $1,000 fines for each violation. 

Judge Juan Merchan said he will hear arguments on April 23 at 9:30 a.m. regarding whether Trump violated a gag order that prevents him from making public statements about witnesses and their anticipated testimony in the trial.

I was previously highly critical of the efforts of Smith to gag Trump before the election. In my view, the order issued by Judge Chutkan was unconstitutional. I have opposed gag orders in many cases for decades as inimical to constitutional free speech rights.

The barring of Trump from criticizing jurors or court staff (or family members) is largely uncontroversial. However, Cohen and Daniels have long been part of the political campaigns going back to 2016. Indeed, I was highly critical of Cohen when he was still the thuggish lawyer for Trump. He is now one of the loudest critics of his former client and has made continual media appearances, including on his expected appearance in this case.

My opposition to past gag orders was based on the constitutional right of defendants to criticize their prosecutions. Courts have gradually expanded both the scope and use of such orders. It has gone from being relatively rare to commonplace. However, the use to gag the leading candidate for the presidency in the final months of the campaign only magnifies those concerns.