The Gag and the Goad: Trump Should Appeal Latest Gag Order

New York Supreme Court Justice Juan Merchan this week became the latest court to impose a gag order on former president Donald Trump with a stinging order that found a history of Trump attacks that threatened the administration of justice. The order will bar public criticism of figures who are at the center of the public debate over this trial and the allegation of the weaponization of the legal system for political purposes, including former Trump counsel Michael Cohen, former stripper Stormy Daniels, and lead prosecutor Matthew Colangelo. Trump is still able to criticize Manhattan District Attorney Alvin Bragg and Merchan himself.  What is most striking is the protection of Cohen who continues to goad Trump in public attacks.

While many of us have criticized past attacks by the former president of judges and staff associated with cases, theses gag orders raise very serious free speech questions in my view. Prosecutors like Special Counsel Jack Smith and Bragg have pushed for a trial before the election. (Recently, Smith even stated that he may force Trump into a trial running up to or even through the election).

After these charges were delayed until just before an election, they have maintained that it is essential to try Trump before November.  The timing of charges and proposed trial dates were the choice of these prosecutors. If judges are inclined to facilitate the effort for a pre-election trial, they should show some recognition of the unique context for such prosecution. Yet, judges like federal District Judge Tanya Chutkan have stated that she will not make any accommodation for the fact that Trump is the leading candidate for the presidency.

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.

Cohen’s appearance on the stand will only add to the lawfare claims given the recent view of a judge that he is a serial perjurer who appears to be continuing to game the legal system.

Cohen ironically went public to criticize Trump and celebrate the gagging of him:

“I want to thank Judge Merchan for imposing the gag order as I have been under relentless assault from Donald’s MAGA supporters. Nevertheless, knowing Donald as well as I do, he will seek to defy the gag order by employing others within his circle to do his bidding, regardless of consequence.”

Many Americans view the Bragg case as a raw political effort and many experts (including myself) view the case as legally flawed. Some polls show that a majority now believe the Trump prosecutions generally are “politically motivated.”

This election could well turn on the allegation of lawfare. However, Merchan has now largely barred the leading candidate (and alleged target of this weaponization) from being able to criticize key figures behind the effort.

The inclusion of Colangelo in the order is equally problematic. Trump has campaigned on his involvement in a variety of cases targeting him in his federal and state systems. His movement between cases is viewed by many as evidence of a “get Trump” campaign of prosecutors. He is currently the most talked about figure that many, including Trump, view as showing coordination between these cases and investigations.

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.

There is a division on courts in dealing with such challenges involving politicians. For example, a court struggled with those issues in the corruption trial of Rep. Harold E. Ford Sr. (D–Tenn.). The district court barred Ford from making any “extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication,” including criticism of the motives of the government or basis, merits, or evidence of the prosecution.

The United States Court of Appeals for the Sixth Circuit rejected the gag order as overbroad and stressed that any such limits on free speech should be treated as “presumptively void and may be upheld only on the basis of a clear showing that an exercise of First Amendment rights will interfere with the rights of the parties to a fair trial.”

This order allows for criticism of the case and both Merchan and Bragg. However, you have key figures like Cohen and Coangelo who are already central figures in this political campaign. In Cohen’s case, he has actively engaged in a campaign to block Trump politically and has done countless interviews on this case as part of the legal campaign.

While courts routinely rubber stamp such orders (and Trump’s history will reinforce the basis of the Merchan order), I would still try to appeal it.  The odds always run against challenging such orders and appellate courts are disinclined to even review such orders. However, there is a legitimate free speech concern raised by this order that should be reviewed by higher courts.

 

212 thoughts on “The Gag and the Goad: Trump Should Appeal Latest Gag Order”

  1. Jonathan:
    Where do we go buy a truckload of Bibles from President Trump. The real President, the one that had the 2020 election stolen from him. If there was doubt before it has been completely removed by what the Democrats have done to thwart his reelection. I amazed that people still have any questions! They must be some very low IQ citizens lacking in logical thought.

    1. It’s obvious from your commentary that you are seriously manifesting very, very low IQ bordering on an IQ Below 70 – Definite feeble-mindedness. Logical thought doesn’t, even enter the narrative here.

      1. Nikki is in hometown and she wants a little bit to go to it was a little bit of rain ☔🌧️☔🌧️☔🌧️☔

  2. Jonathan: I am constantly amazed. I misjudged the extent to which the MAGA faithful on your blog are willing to defend their leader. Hawking Bibles was not the tipping point for them. “Anonymous” (one of many on your blog) came to DJT’s defense: “America is a Judeo Christian nation–being run into the ground by God-less, amoral, immoral soulless Marxist psychopaths and Communists”. Jews, Muslims and non-believers are not part of the country Anonymous wants to take back for his leader.

    So it’s come down to this. It’s Ok that the “Elmer Gantry” candidate for president is now hawking the “God Bless the USA” Bible–to grift off his hardworking supporters to help pay for his legal expenses over his adulterous tryst with a porn star–when his wife was at home caring for their newborn child. Even the evangelical crowd supports that. Strange bedfellows!

    All that doesn’t matter for the MAGA crowd. But here’s a Q. If Joe Biden were to do the same thing–let’s say selling parts of his classic Corvette, offering bits of the suit he wore at his inauguration–or even dog collars from “Major”–what would DJT’s supporters say then? Mockery would be just the beginning of the attacks on Biden!

    Suckers are born every day. DJT’s suckers are alive and well on this blog!

      1. Thanks to Dennis this article about Stormy Daniels porn star queen and director now has sucker and gag orders as discussion topics.

        Trump selling Bibles while Democrats claim Transgender dikout day on Easter Sunday.

        Wow, can’t make it up.

    1. Dennis McIntyre is a credentialed master of the change of subject tactic. Apparently Dennis doesn’t want to talk about the gag order on Trump being unconstitutional. There are two prominent Democrats who also consider the gag order to be unconstitutional. One is Professor Turley and another is Alan Dershowitz. Dennis says that we are all in lockstep but we recall how he said that the Russia hoax was true, the hunter Biden laptop was not really Hunter’s laptop and no pornography was available in junior high schools. Dennis put on his hob nailed boots and went marching forth for the Democrats on every Democratic talking point since the day that Donald Trump was inaugurated. Dennis is correct about one thing. There is indeed a sucker born every minute. This definition explains Dennis McIntyre to a tee. Malevolent: having, showing, or arising from intense often vicious ill will, spite, or hatred. 2. : productive of harm or evil.

    2. It would be refreshing to see a Democratic candidate offer a God Bless America Bible for sale, or a God Bless America anything for sale.

    3. There’s no proof that Trump had an affair with Daniels, only an accusation that she profited from. He said-she said. Trump denies it.
      Follow the money.

    4. You sir, are ignorant and blind to the fact that the Democrats are an immoral, illegal, mafia organization determined to be the ruling party by taking away the rights of others, lying about their political opponent and willing to do absolutely anything including censoring all conservative outlets and voices to keep the power that they STOLE in 2020 and ridiculously say was the most secure election ever! What a complete JOKE! But may God bless you!

      1. How dare you add God Bless you to your malignant, mendacious post?! Immoral, illegal, ignorant. You give yourself permission to say vicious words and think you are absolved by saying God Bless you at the end?! Democrats include many millions of Americans. Many are your neighbors. Most are not illegal, immoral or ignorant. And I don’t see anyone taking away your rights. You insist on finding more and more ways to keep us from ever working together again. I have heard Biden repeatedly and consistently say that he wants to be a president for all Americans. I have never heard anything where Trump says he wants to be my president. Because he doesn’t. You are extremist to the nth degree.

        1. “I have heard Biden repeatedly and consistently say that he wants to be a president for all Americans.”

          Even MAGA? Even the J6ers he’s had locked up in the gulag? Even the unvaccinated who he scolded saying “just get the dam vaccine, our patience is wearing thin? Don’t think so. Biden is president for the DNC, not America, and certainly not the deplorables in flyover country.

          Both his words and his actions say otherwise. Voters are not as stupid as he thinks.

        2. biden will say anything if he thinks it will get him elected, actions speak louder than words

        3. You can only hear when you want to listen. He has said it many times. More so, it’s visible in his actions.
          Biden can and does say anything he wants; however, he hasn’t shown it in any of his actions. Quite the opposite. He’s following Obama’s footsteps – silver tongued devil.

    5. At least old Joe won’t have to sell pieces of his vicious dog’s collar, he can just send “Bagman Hunter” on another trip to Beijing and Moscow.

    6. Lest you forget, President Trump was required to take a salary for his 4 years in office, which he donated to charitable organizations. He didn’t take from America; he only gave back to America and it’s people; Biden, on the other hand, has taken everything from this country and left its people out to dry.

      This Bible has been on sale for several years. So, because President Trump helps Lee Greenwood helps him out by partnering with him, he’s wrong? That’s what Christians and real Americans do – they help out their brothers and sisters – not knock them down and tear them apart. It’s called character, integrity, and speaking the truth in love.
      There is no comparison to Biden, who lacks them all.

  3. “. . . the protection of Cohen . . .”

    Bragg bootstrapped a *misdemeanor,* that was beyond the statute of limitations, to concoct an excuse to file *federal* charges, over which he has no jurisdiction.

    And the judge is concerned about Trump criticizing a serial perjurer?!

    1. Yes Michael Cohen – Perjurer

      Stormy Daniels – Porn Star/ Prostitute who had sex with Donald Trump- he hit that.

      1. Learn the difference between the meaning of the words imaginary and opinion. Your reply sounds stupid, and like Bug when at Starbucks, though we have to wait for the moderator to let us know.

  4. “What is most striking is the protection of Cohen who continues to goad Trump in public attacks.”

    It isn’t just Trump being goaded.

  5. Here is a saying that is trustworthy and true: Joe Biden is senile and his administration is made up of freaks and lunatics.

      1. NY, Atlanta, Washington…not possible to get a jury of one peers, particularly in DC where a jury is likely to be bureaucrats, politicians or criminals, categories not mutually exclusive.

    1. In a land where the Supreme Court is comprised of seven amoral dilettantes and two sane persons, a court which cannot even find its way to protect the life of a fully formed baby in the womb, what hope is there of Justice anywhere?

      1. Two sane justices? One of “your” sane judges suggested that the first amendment is getting in the way of the Governments ability to control the population. That’s not sane, that’s communist.

  6. The latest in the annals of Democrat insane un-Americanism, they vote down a measure to prevent the use of your taxpayer dollars to fly illegal aliens into America. Party line vote in the Senate. All Republicans oppose that use of your hard-earned money, all Dems favor it. The Dems are totally rotten and disgusting.

    1. That’s what bothers me the most. The leftists in Congress and the Senate are not just misguided fools. They are anti-American. Starting with Obama and continuing with slo-Joe, they have shown through their policies that they care nothing about American citizens – it’s the illegal aliens that they prefer. Kick ‘em out!

  7. I could care less about Trump’s lawfare battles.

    I’m still waiting on a good policy idea from the left. Death is not a good policy.

  8. Sammy says it was issued because President Trump attacked the judges daughter.
    So those unaware, the judges daughter is a liberal activist that posted a picture of Trump in a prison cell. Trump has repeatedly requested the judge recuse himself, Apple doesn’t fall far from the tree. This is a persecution of a political opponent, they would do same yo you or me if they wished. That is what the fight is, it’s off the rails since Obama. Cut the head off the snake, the rest will die.

    1. Better to say, President Trump voiced his reaction to the judge’s (adult) daughter’s attack on President Trump. -her being a liberal activist who posted a picture of Trump in a prison cell.

    2. Shortly after Trump came down the Golden Escalator, the media started to amplify Trumps tweets, accusing him of mysogeny, and racism of his targets. You know, the constitutionally protected identities.
      But a writer pointed out that Trump rarely attacked people. He almost exclusively was responding to an unprovoked attack.
      Today’s example continues to validate that observation from ~8 years ago. Trump did not attack the Judges family, President Trump responded to the corrupt judges family attacking President Trump. Its slimy the Judge to use his own daughter as a proxy to go after a defendant in the case he is hearing

  9. America is now under the tyranny of a hostile, captured government.
    The FBI is operating as the Secret Police.
    The DOJ is lawless and compromised.
    This is where we are as a country.
    Wake up! Look up from your phones! Pull yourself away from your anti-Social media!

  10. More targeted garbage lawfare by the leftist NYC “illegal” system. The more things change the more they remain the same.

    1. I disagree…
      If we were to turn back to God in both our public and private lives, this would cease as we push evil out off our society.
      Because we left a vacuum in our society from kicking God out starting in the ’60s, it was all too easy for evil to fill the vacuum and now look at us…
      ONLY a return to God will postpone judgment, otherwise we will go into captivity…
      Don’t wait till we have a war on our land before turning back to God…
      It will be too late then…

  11. Great literary works of the past . . . are now being altered by publishers to fit with modern sensitivities (read woke sensitivities). This is a travesty. Read Ray Bradbury’s “Fahrenheit 451” for a comparable dystopia. Wokism is a disease – a mind virus in Elon’s words – that society must eradicate on pain of losing our very souls.

    https://americanmind.org/salvo/memory-holed/

    1. What would you expect from a Society that thinks the theme from a comic book series makes basis for a picture of the year award, or remake of a remake of a remake? Where Superheros are now Superqueers and the laws of physics no longer apply.

  12. Professor Turley Writes:

    Prosecutors like Special Counsel Jack Smith and Bragg have pushed for a trial before the election.
    …………………………….

    Let’s be honest here. If Trump manages to get elected, there will be no trials for any of the charges he faces. Professor Turley knows this, Trump’s base knows this, mainstream media and the American public know this.

    So who is Turley fooling with this charade that Trump’s trials can wait until later?? It’s like Climate Change denial. Millions of MAGA Republicans keep denying the obvious!!

    We know that if elected, Donald Trump’s main priority will be squashing all the cases against him. Trump has already told us he will go that route. His base will be fine with that.

    And apologists like Turley will write columns saying all the charges against Trump were political anyway and no president can be expected to stand trial while in office. Even ‘moderate’ conservatives will begrudgingly parrot this argument.

    “The U.S. would look ridiculous having a president on trial”, they’ll say, wringing their hands with angst. “It’s just one of those things we’ll have to let go”.

    This line of thinking will pass a ‘pragmatic’ during Trump’s second presidency.

    Meanwhile, faith in the U.S. justice system will plunge to sub-basement levels as millions keep repeating the seemingly true observation that ‘billionaires can do whatever they please and never be held accountable’.

    Since Donald Trump first announced his candidacy for president back in 2015, faith in all our institutions has plummeted. Faith in the courts, the media, Justice Department, FBI, CIA, public health officials, science, education, the military, women’s rights.. The list goes on and on!

    Trump is a giant wreckingball that keeps demolishing everything in its path. And the more chaos he causes, the more his base rejoices. As though total destruction of all our institutions is absolutely wonderful. Because it gives us the ‘opportunity’ to start over from scratch!

    Like, “Boy we’re glad our house burned down, now the lot is cleared”.

    1. Any “chaos” Trump causes is good for this country. As it stands now under the D brand virus things are only getting uglier and poorer. If you think this is not by design …you need a shrink and a dose of reality. How could you want a party that is attached to the hip of the apparatchik state they created in the shadows that wants CENSORSHIP , more laws against peoples thoughts , teaches woke vomit in place of critical thinking and despises common sense as though such free thought is dangerous to the body politic they are pushing.

        1. Its the kind of chaos the trump brings to the swamp which is like a good disinfectant comrade rufus.

    2. The right to a speedy trial is for the benefit of the defendant not the Government, which has no right to a speedy trial. The Democrats are too panicked to take on Trump on the issues, so they are cheating by inventing “crimes” and weaponizing the courts to try to accomplish what they obviously cannot do in public debate on a level playing field. The Dems are fooling no one, the public is sick and tired of their lawfare, and Trump is within his rights to defend himself as best as he can .

    3. Tell your bosses at the DNC that this line of reasoning won’t work. The lawfare and politicization of the FBI and DOJ any many other departments has happened under Biden. Trump hasn’t been the wrecking ball that has produced the corruption and phony indictments . The Democrats have. A huge unsustainable deficit, an open border, wars everywhere and a system whose poster child for corruption is Joe Biden and his son. This is why faith in institutions has sunk, not Trump. The justice system, particularly in DC and NY are completely corrupt and have selectively focused on “getting” Trump. These are corrupt DEMOCRAT jurisdictions and even non Republicans have spoken out against the cases launched by Leticia, Fani and Bragg. Smith is a hack who is not qualified to be a Special Prosecutor and a lawsuit is at the SC which has a good chance of disqualifying him. Democrat lawfare has failed and most of America wants a wrecking ball taken a corrupt deep state, including an FBI that is worse than the East German Stasi, thanks to Democrats. Get ready. Trump is coming and every corrupt Democrat and bureaucrat is rightfully in the crosshairs. Preserve your records

    4. Using your analogy, it’s all because the left is full of arsonists…but but Trump. Burning Down the House.

    5. Since Donald Trump first announced his candidacy for president back in 2015, faith in all our institutions has plummeted. Faith in the courts, the media, Justice Department, FBI, CIA, public health officials, science, education, the military, women’s rights.. The list goes on and on!

      Actually, that’s true, but it is not Trump’s doing. It has two causes evident since 2015. The first is the deranged-crazy-over-the-top-bonkers reaction to Trump’s candidacy in 2015, which has continued to this day, by the establishment at the prospect of Trump interfering with the establishment’s power and corrupt money flow. In an ends-justify-the-means fashion, established interests have basically flattened and destroyed all our institutions that previously held society together in a reasonable functioning way.

      The second cause is the extreme wokeness that has gripped our institutions like a malignant cancer, that started in the soft tissues, and has now moved to the hard bony tissues such as math and medicine. The demolition of women’s sports is one of the most obvious ways in which this cancer has shown how destructive it is.

    6. Chaos is found in insisting boys can be girls if they believe they are.
      IOW, the Prog’s OWN CHAOTIC wrecking balls.

    7. Except most Americans now believe that these prosecutions are political in nature. Bending laws in ways they were not intended, running for office on the promise of ‘Getting Trump’ and unconstitutionally excessive fines are only a few examples. You and your ilk are the ones who are destroying American institutions and leading the march to a banana republic. Trying your political opponents in an election year is the stuff that Stalinist Dreams are made of. i hope you sleep well, comrade.

    8. Yes the federal government needs to be burnt down completely into fine Ashes. Constitutional States ( red) will agree to a very limited federal government according to the U.S. constitution. You & your Communist States (blue) can have your bloated democracy & all the corruption that goes with it. Win/Win

    9. Remember when there were no wars, inflation was down to 1%, home mortgages were 2.5% the economy was strong, real income was up, the border was secure, national leaders knew to think twice before crossing the President? Unfortunately he was perceived to be a threat to the deep state who lived every day of being exposed and cut off from their endless supply of fat and cheese.

    10. You must have missed how it all started in 2015. Let me give you a refresher.

      Hillary Didn’t have to remember, Hillary didn’t have to recall.
      Hillary Knew beforehand she would escape the law.
      With permission from Obama, Biden the FBI, DOJ, CIA and who’s to say maybe even the NSA.
      Using FIVE EYES to enable the sway, it started a narrative that went Hillary’ way.
      Democrats became the leaders of this game knowing full well they were releasing hell.
      The media outlets couldn’t wait to partake in a story they knew most likely was fake.
      So, Russia, racism, resentment and hate became the meal served on our plates.
      They spewed their lies far and wide on every network in the country they cried.
      Donald Trump is a Russian stooge, his supporters, ignorant white supremist rubes.
      The democrats mocked, ridiculed, stalked and abused, demanded Trump and his voters must be removed.
      Harassed and physically abused the media laughed as their viewership grew.
      Millions of happy people from all walks of life suddenly became the enemy in just one night.
      Washington DC burned with rage the day Donald John Trump took to the stage.
      Fires and violence took over the nights as people chanted their misdirected hate with delight.
      Their extensive destruction appeared with the daylight.
      Leave them alone, let them be, their expressing their rage democrats said with glee.

    11. Anonymous emotionally trumpets, “Since Donald Trump first announced his candidacy for president back in 2015, faith in all our institutions has plummeted. Faith in the courts, the media, Justice Department, FBI, CIA, public health officials, science, education…”
      Politics may be a team sport for political hacks, but complete home team fanboys are tedious. I trust very few of the ‘Political class’ lifers in both parties, as they claim to care about me and mine. Both of the presumptive nominees seem to have a savior complex. Too bad those who see themselves as the last bastion against the barbarians on the opposing team aren’t voted out in the primaries, instead of being lauded by their fanboy base. Dear Anonymous, I imagine your confirmation bias blinds you, but you should at least try to consider if there are alternate reasons from your reasons which might cause people to lose trust in institutions. The Presidential nominees in the previous two election cycles surely can’t be our best and brightest. I did not vote for Trump in either of the previous elections. I never thought I would vote for him. However, the lawfare campaign against Trump by your political team is convincing me that Team Blue is a far greater threat to democracy than Trump. Stop worrying about Trump and focus on Team Blue and its anti free speech embrace, its love of lawfare, and rabid emotionalism. Someone wise once said, “You hypocrite, first take the plank out of your own eye, and then you will see clearly to remove the speck from your brother’s eye.” Something we should all try to live by even as we fail to do so.

    12. You’re kidding right? Trump wasn’t the one that started destroying our venerable institutions it was those who opposed his finally getting into the position of actually doing what was in the best interest of the American citizens and not the global elites or the current bunch of communists that are using lawfare to undermine his candidacy.
      Hey vote for Biden again, then suck on the resulting chaos.

    13. Let’s be honest here. If Trump manages to get elected, there will be no trials for any of the charges he facesd

      ALL of these indictments, were never designed by the prosecutors to go in front of a Jury. Because they are ALL losers.

      ALL of the indictments could have been brought at least 6 months earlier. ALL were coordinated by the White House, for maximum media exposure with maximum damage to President Trump.

      What the legal experts got wrong was simple math. They either ignored all the probable pre trial motions, rulings, and appeals. Or they were too stupid to anticipate the delays.

      But all of that is meaningless. Because there exist no law requiring expedited hearings due to elections.

      But the law and the Constitution, are real problems for the leftists. That whole innocent until proven guilty is a real thorn in the side of Authoritarians.

    14. You kinda forgot to mention that the cases are all a load of Bull Shark.
      Let’s throw you in jail, destroy your life, and your children’s inheritance for overvaluing your house, and see how you like it.
      Politically motivated…
      Ya think?

    15. It doesn’t need to be burned down. It needs to be disinfected. That’s different. Trump 24!

    16. Good thing it burned down because they could no longer afford the property tax to live in their own house that they built with their own hands, with their own money, on their own land. A man’s perception is based upon where he observes from.

  13. THE ROGUE JUDICIAL BRANCH HAS USURPED POWER AND COMMITTED HIGH-CRIMINAL JUDICIAL OVERREACH

    THE JUDICIAL BRANCH HAS NO POWER TO VOID OR AMEND THE FREEDOM OF SPEECH OR THE CONSTITUTION

    Why is it that the judicial branch, including the Supreme Court, is woefully unable to read, comprehend, and assimilate American fundamental law, the Constitution and Bill of Rights?

    It’s not that judges and Justices cannot read the law; it’s that they are communists (liberals, progressives, socialists, democrats, RINOs, AINOs) who erroneously claim that they are “entitled” to seize control and dominion as an integral component of the communist American Deep Deep State “Swamp” Regime.

    All Americans, including those in the process of being prosecuted for alleged crimes, enjoy the absolute freedom of speech.

    The judicial branch can’t understand that – the judicial branch does not enjoy superior mystical powers not referenced or otherwise enumerated in the Constitution.

    For clarification and edification, consider the case of the president controlling classified documents?

    The judicial branch is woefully unable to read, comprehend, and assimilate American fundamental law, the Constitution, and the Bill of Rights.

    THE POWER – UTTERLY, CATEGORICALLY AND EXCLUSIVELY
    _________________________________________________________________

    Article II, Section 1

    The executive Power shall be vested in a President of the United States of America.

    PERIOD.
    __________

    The President alone wields the executive branch power of classification, declassification, disposition, and archiving of materials.

    The legislative branch has no constitutional power, authority, or legal basis to usurp any aspect, facet, or degree of the power of the executive branch.

    No legislation usurping the power of the executive branch is constitutional.

    No legislation usurping the power of the executive branch to classify, declassify, dispose of, and archive material is constitutional.

    18 U.S. Code § 1924 – Unauthorized removal and retention of classified documents or material – is unconstitutional because it does not exclude the President of the United States.

    The judicial branch has no power or authority to deny the President full, sole, and exclusive dominion, in perpetuity, over any and all materials the President inherited, classified, declassified, disposed of, or archived.

    The judicial branch craves power, so it steals power, but only if Americans and their representatives allow that theft, confiscation, usurpation, and overreach.

  14. The Dali cargo ship which smashed into the Francis Scott Key Bridge suffered a ‘severe electrical problem’ while docked in Baltimore days before, according to a port worker. . . .

    Mitchell told CNN that major power problems on board large vessels like the Dali are ‘not really that common at all’, describing the freak incident as ‘very rare’. ‘They shouldn’t have let the ship leave port until they got it on under control,’ she said.

    https://www.dailymail.co.uk/news/article-13246079/Dali-cargo-ship-suffered-severe-electrical-problem-docked-Baltimore-days-prior-bridge-collapse-crash-saw-suffer-total-power-failure-loss-engine-failure-port-worker-says.html?ito=pull-notification&ci=PbwsVxVaZz&xi=5a19da44-3029-4981-9196-1e9a43244ad9&ai=13246079

    1. Interesting.
      But the FBI and all the “Officials” immediately assured us there is “no” evidence this was anything other than an “accident.” Certainly not a “cyber attack.”
      Sorry, not buying the ‘narrative’ that it was ‘a mere accident.’
      There’s too much that went wrong, all at once, such that the ship lost power, and rudder, before it made a 45 degree turn that steered right into the sweet spot of the pylon that would topple the entire bridge.
      Not just any bridge. A bridge named after the writer of the Spar Spangled Banner.
      Will that Star Spangled Banner of Freedom Still Wave over the Land of the Free if Dems/Communists steal another election?
      The answer is a resounding: No.

      “@EmeraldRobinson
      Barack Obama helped produce a Netflix film a few months ago where America suffers a massive cyberattack and the first major event is a massive tanker losing control and running aground.
      A massive tanker just lost control and hit a bridge in Baltimore.
      Draw your own conclusions.”

    2. I clearly AM NOT attempting to create a conspiracy theory. I simply note the parallels in published news, i.e., just days before this accident, there was controlled reporting about Chinese spyware being found on cargo-loading cranes anchored in several U.S. ports.
      see, e.g.:
      “WASHINGTON—A congressional probe of Chinese-built cargo cranes deployed at ports throughout the U.S. has found communications equipment that doesn’t appear to support normal operations, fueling concerns that the foreign machines may pose a covert national-security risk. The installed components in some cases include cellular modems, according to congressional aides and documents, that could be remotely accessed.”
      https://www.wsj.com/politics/national-security/espionage-probe-finds-communications-device-on-chinese-cargo-cranes-867d32c0?st=e80cs419saa8c8b&reflink=desktopwebshare_permalink

      Written 17 days prior to the Baltimore bridge accident:
      “There have been public concerns over Chinese-owned cranes since at least 2021, when intelligence-gathering equipment was discovered on a ship that was moving cranes into Baltimore, the Journal reported.”
      “Some of the cranes were built by Shanghai Zhenhua Heavy Industries (ZPMC), a state-owned Chinese manufacturer, which has been widely viewed in the US as posing a security risk….Just under 80% of ship-to-shore cranes used in US ports were made by ZPMC, the Journal reported.
      “…Green, chairman of the House Homeland Security Committee, which has been investigating Chinese maritime security threats, said China ‘is looking for every opportunity to collect valuable intelligence and position themselves to exploit vulnerabilities by systematically burrowing into America’s critical infrastructure, including in the maritime sector.”
      https://www.businessinsider.com/tech-found-chinese-built-cranes-us-potential-security-risk-2024-3?op=1

  15. Jonathan: Now to Judge Merchan’s gag order. What did Merchan actually specify in his order and what was it in response to?

    First, in a Truth Social post DJT said this about the Judge: “Judge Juan Merchan…is a true and certified Trump hater who suffers from a very serious case of Trump Derangement Syndrome. In other words, he hates me! His daughter is a senior executive at the Sper Liberal Democratic firm that works for Adam ‘Shifty’ Schiff…These COUNTRY DESTROYING SCOUNDRELS & THUGS HAVE NO CASE AGAINST ME. WITCH HUNT!”.

    Pretty outrageous stuff but what we have become used to from DJT. He also attacked Judge Chutkan and her father. He attacked Judge Engoron, his principal law clerk and the Judge’s daughter. Par for the course for the Trumpster and why the Judge was compelled to issue his gag order in this case.

    Second, Judge Merchan’s order does not take away DJT’s first amendment rights. Gag orders in criminal cases are quite common when a criminal defendant threatens the judge, prosecutors or witnesses. DJT is no exception. Judge Merchan’s specifically states that DJT must “refrain” from:

    “(a) Making or directing others to make public statements about known or foreseeable witnesses…
    (b) Making or directing others to make public statements about (1) counsel in the case other than the District Attorney; (2) members of the court’s staff and the District attorney’s staff, or (3) the family members of any counsel or staff member,…(c) Making or directing others to make public statements about any prospective juror or any juror in this criminal proceeding” (3/26/24)

    Notice the order doesn’t prohibit DJT from making outrageous about Judge Merchan or Alvin Bragg. The order is mainly directed at witnesses and jurors. In a separate order Judge Merchan’s warns DJT that if he violates the gag order he will be found in criminal contempt and will probably see some jail time. Again, not unusual in criminal cases when a defendant continues to violate a gag order by attacking witnesses or jurors. Why should DJT be an exception?

    But you seem to think DJT should be exempt from pretty common orders in criminal cases and are rarely disturbed on appeal. You think Michael Cohen should be excluded from the gag order simply because of all his political statements about his former employer. Cohen is going to be a principal witness in the case and there is no legal reason to exclude him from the gag order. Do you really think DJT should be allowed to attack Cohen and possibly infect the jury pool?

    But you say: “If judges are inclined to facilitate the effort for a pre-election trial, they should show some recognition of the unique context of such prosecution”. What is “unique” about this case? Judge Merchan didn’t select April 15 because he wanted to “facilitate” a trial before the election. He was carrying out his responsibilities under the 6th Amendment–the right of every criminal defendant to a “speedy trial”. As a criminal defendant why should DJT be given special treatment simply because he running for the highest office in the land? He is, after all, now an ordinary citizen with the same rights as any other criminal defendants. He does not deserve special status!

    1. Yep to Ole Dennis telling the truth is outrageous. “First, in a Truth Social post DJT said this about the Judge: “Judge Juan Merchan…is a true and certified Trump hater who suffers from a very serious case of Trump Derangement Syndrome. In other words, he hates me! His daughter is a senior executive at the Sper Liberal Democratic firm that works for Adam ‘Shifty’ Schiff…These COUNTRY DESTROYING SCOUNDRELS & THUGS HAVE NO CASE AGAINST ME. WITCH HUNT!”.
      And now for the Big Hoot; “Cohen is going to be a principal witness in the case and there is no legal reason to exclude him from the gag order. Do you really think DJT should be allowed to attack Cohen and possibly infect the jury pool? I would truly believe the jury is already very infected with O J Juice.
      Guess Ole Den will really be chapped when the appeals process removes these obstacles from DT and DT wins the election

    2. Yes. Cohen is all over the liberal media criticizing Trump. He is a certifiable liar and Trump should be able to call him whatever he wants and exercise his free speech right. If Trump says something that is untrue, Cohen can claim defamation. We don’t need a hack judge, who is taking a case that never should have been brought limiting Trump’s speech because he didn’t like it. The idea that someone feels threatened by Trump’s speech is a typical liberal snowflake argument. Trump’s observations about both Chutkan and Merchan happen to be correct. Both judges are liberal hacks. Chutkan is a Jamaican commie and both hate Trump and have no trouble finding a crime with which to selectively prosecute Trump because that is what Marxists do. The DC courts should be abolished and moved outside of DC. They are the closest thing the US has to a star chamber. DC is 97% Democrat and no Republican can ever get a fair trial in DC. That is why Jack Smith pursued an indictment in Dc rather than in Florida, as he should have. Trump will win and then the fun begins because you have given him license to politicize the system just like Democrats have, if he chooses to do so.

    3. Maybe the judges daughter should stop attacking President Trump. If you are truly honest you would know that Trump reacts. He seldomly initiates these types of attacks.

    4. Trump is in no way physically “attacking” or “threatening” the judges. He is CRITICIZING THEM. He is well within his 1st Amendment rights to do so.

      Cohen is a serial PERJUROR. He was imprisoned for his PERJURY. His credibility before a court is a matter the judge has to take into account.

      As a former POTUS, Trump has a unique Constitutional status when it comes to what documents he is legally entitled to possess. In that case, he’s not like anyone else. No other President has been charged with illegally holding on to documents. Obama has truckloads of them, btw.

      The “special treaatment” Trump is being given is to be burdened with frivolous charges by numerous courts, using crackpot legal theories never brought before the courts.

      Trump has every legal right to call for motions to delay his trial. The prosecution can’t argue that such motions thwart Trump’s right to a speedy trial.

      So, other than being tendentious and factually wrong about everything—you’re right!!!

    5. the right of free speech should not be denied to any defendant. the defendant has the right to a speedy trial not the prosecution

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Res ipsa loquitur – The thing itself speaks

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