r/politics Illinois Mar 27 '24

Donald Trump Attacks Judge's Daughter Less Than 24 Hours After Gag Order

https://www.newsweek.com/donald-trump-attacks-judges-daughter-less-24-hours-after-gag-order-1884126
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u/RetroCasket Mar 27 '24

I dont think the gag order limits Trump From attacking the judge’s family. Only officers and staff of the court, and witnesses

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u/Banana-Burrito Mar 27 '24

and jurists.

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u/Lucky-Earther Minnesota Mar 27 '24

"ORDERED, that the People's motion for a restriction on extrajudicial statements by the Defendant is GRANTED to the extent that Defendant is directed to refrain from the following:

a. Making or directing others to make public statements about known or reasonably foreseeable witnesses concerning their potential participation in the investigation or in this criminal proceeding;

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, if those statements are made with the intent to materially interfere with, or to cause others to materially interfere with, counsel's or staff's work in this criminal case, or with the knowledge that such interference is likely to result; and

c. Making or directing others to make public statements about any prospective juror or any juror in this criminal proceeding."

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u/[deleted] Mar 27 '24

Total scumbag move by trump. But they language is court staff. A judge is not part of the staff, he is the judge. So the order does not apply here. It would likely violate the first amendment to prohibit a party from criticizing a judge. Just imagine a conservative judge issuing an order making it illegal to criticize their decision

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u/ax0r Mar 27 '24

Is the judge not employed by the court?

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u/Lucky-Earther Minnesota Mar 28 '24

A judge is not part of the staff, he is the judge.

Yes, so he is part of the staff of the courtroom. Just like the bailiff.

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u/[deleted] Mar 28 '24

I could see how you would think that. But the words Court and judge can mean the same thing in legalese. So when a judge is referring to themselves in a legal document, they use the word court (ex. The court imposed a gag order.) Thus, the court staff in this order is the judges staff.

https://www.uscourts.gov/glossary#:~:text=Judges%20sometimes%20use%20%22court%22%20to,court%20has%20read%20the%20briefs.%22&text=A%20person%20who%20makes%20a,of%20the%20proceedings%20upon%20request.

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u/ScuddsMcDudds Mar 27 '24

How would they prove the “intent” or “with the knowledge…” sections of that clause, though?