Donald Trump's lawyers claim that his First Amendment rights as a presidential candidate supersede the rules for criminal and civil court, explained former federal prosecutor Barbara McQuade.
Calling it an "apples and oranges" situation, Trump's lawyers are working to frame their argument within the context of the general world in which Americans live. That's not where Trump is, however. He's in a criminal trial and a civil trial, both of which have their own court rules.
"One of those limitations is when you are in the context of a criminal case," the Michigan law professor explained. "Because there are other issues at play. And that is the integrity of the case, protecting the jury pool, and ensuring a fair trial. Then, the safety of the witnesses and the participants. It isn't like we are operating in the world at large. That is the way the lawyers are framing this, talking about this core political speech. Instead, we are in a very narrow world of a criminal case."
She explained that in such cases, the judge has the right and "the duty to protect the integrity of the proceedings."
One of the bail conditions all people have when out before their trial is that they cannot commit any other crimes. Legal analyst Andrew Weissmann explained last week that it isn't about the gag order, it's just the rules of bail in general.
"I think they should follow the wise old adage that when someone shows you who they are, you should believe them," McQuade continued. "I think it matters. I think Donald Trump has demonstrated that he will push the limits as absolutely far as he can and then a little bit more. So, I think that this was a very powerful filing."
Others claim Trump wants the gag order so that he can play the victim and claim that the system is unfairly targeting him.
See her full comments in the video below or at the link here.
Court rules dictate Trump must be gagged: former prosecutoryoutu.be
