'He's gonna be at it again': Legal expert predicts what Trump will do after gag order stay
A three-judge panel at the D.C. Court of Appeals has temporarily stayed the gag order placed on Trump by Judge Tanya Chutkan in the federal 2020 election interference trial — and will hear oral arguments on the merits of Trump's appeal later this month.
This isn't necessarily a good sign for Trump, argued former federal prosecutor Barbara McQuade on MSNBC Friday evening, but it does have implications for Trump's immediate behavior.
"Given, we know the three appointees, the three judges are appointed by Democratic presidents — that shouldn't be an indicator, but these days it maybe tends to be — what are the chances that the appeals court finds for Trump?" asked anchor Alex Wagner. "They agree that they find this gag order censorial?"
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"I think a low probability," said McQuade. "A judge can impose the complete gag order on the parties if they find necessary to do that, to ensure the fair administration of justice. The classic case is the Sam Sheppard case out of Ohio, you know, the doctor accused of killing his wife which became a circus. The court there held that if it's necessary to prevent the trial from becoming a circus-like atmosphere, a judge can issue a gag order to maintain control over the case."
"What the judge in this case has allowed for Donald Trump is an awful lot of leeway," McQuade noted. "He can talk about Joe Biden and the Biden administration, he can talk about DOJ, he can talk about the case, he can even talk about the judge herself. He just can't target individual parties, witnesses, and jurors, designed to protect the fair administration of justice."
"I'm a little surprised that they are allowing Donald Trump to speak and staying this gag order in the weeks leading up to their oral argument in November," added McQuade. "When Judge Chutkan did that for just a few days Donald Trump jumped right back in and started talking about the 'Deranged Jack Smith' and going after Mark Meadows and William Barr. So maybe they haven't been paying close enough attention, but I think that when he gets a lift of this stay for just a few days, he's gonna be at it again."
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