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View Full Version : ACLU To Trump's Defense On Judge's Fine/Gag Order



Kathianne
10-26-2023, 05:54 PM
Again, folks have the right to speak. Often that helps people make up their minds in better ways. More speech, not less.

https://www.washingtonexaminer.com/opinion/a-defense-of-trump-from-the-aclu


A defense of Trump — from the ACLUby Byron York, Chief Political Correspondent
October 25, 2023 05:10 PM
Latest
By: Jack Birle


A DEFENSE OF TRUMP — FROM THE ACLU. Millions of people support former President Donald Trump. They come from all walks of life. But one place it is hard to find Trump defenders is in the upper reaches of the legal establishment.


Now, though, a certified part of that establishment, the American Civil Liberties Union, has filed a brief on behalf of Trump in special counsel Jack Smith's Jan. 6 case against the former president. On Wednesday, ACLU lawyers argued against the gag order Judge Tanya Chutkan imposed on Trump. Their argument is a solid defense of First Amendment rights — even for a former president hated by so many on the Left.


Chutkan's order bars Trump from "making any public statements, or directing others to make any public statements, that target (1) the special counsel prosecuting this case or his staff; (2) defense counsel or their staff; (3) any of this court's staff or other supporting personnel; or (4) any reasonably foreseeable witness or the substance of their testimony." At the Trump defense's request, Chutkan last week paused her order so that both sides could submit arguments over the matter.


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Now, the ACLU said the order is so broad that it violates Trump's, and the public's, constitutional rights.


The first problem is the word "target," which the ACLU said is "unconstitutionally vague." "The entire order hinges on the meaning of the word 'target,'" the brief said. "But that meaning is ambiguous, and fails to provide the fair warning that the Constitution demands, especially when, as here, it concerns a prior restraint on speech." Looking at the text of Chutkan's order, the ACLU said Trump "cannot possibly know what he is permitted to say, and what he is not."


"In the context of the order, 'target' could mean something as innocuous as 'name' or 'identify,' or something much more violent," the ACLU continued. "One could target another with respectful but vigorous political advocacy, or target them for physical violence or death." Chutkan's order does not give any additional context to indicate what the judge means. She did not, the ACLU said, "define 'target' to be narrowly limited to its most menacing implications," nor did she give examples of what she means.


The ACLU also noted that the gag order forbids Trump from "target[ing]" the "substance" of the "testimony" of "any reasonably foreseeable witness." Well, how is he supposed to know that? And what sort of speech would that ban? "Witness testimony in this case will concern the events of January 6, 2021, the results of the 2020 presidential election, and defendant's own conduct in relation to both," the brief said. "These topics are key points in the ongoing 2024 presidential campaign. Barring any discussion of these entire topics by the defendant is unconstitutionally overbroad." That is especially true since Jan. 6 and the 2020 election are subjects of almost nonstop public discussion. "Where so many are already saying so much about the topic, it seems unlikely that silencing the defendant is justified," the ACLU said.


And what about Chutkan's order barring Trump from "target[ing]" special counsel Jack Smith? The special counsel is a public official, the brief noted, conducting matters of great public interest. "Attempts to gag speech that addresses how the special counsel is conducting his work, on the grounds of ensuring the proper and impartial administration of justice, unduly undermine public discussion on matters of public concern that is at the heart of what the First Amendment protects." The ACLU recommended that the judge at least exempt public officials like Smith from the gag order.


Yes, courts have the authority to protect the judicial process and ensure a fair trial. But Trump, like all other Americans, enjoys far-reaching freedom of speech. "Some courts have concluded that the First Amendment applies with full force to restrictions on the speech of participants in the judicial process," the ACLU brief noted. Other decisions have allowed more restrictions on a defendant's freedom of speech. In this case, the ACLU argued, Trump deserves the full protection of the First Amendment. "The obvious and unprecedented public interest in this prosecution, as well as the widespread political speech that it has generated and will continue to generate, only underscores the need to apply the most stringent First Amendment standard to a restraint on a defendant's speech rights," the ACLU said.


The ACLU's final objection, after saying the order is too vague and too broad, is that it is just not necessary. "This case is already one of the most talked-about trials of all time," the brief said. "There may never have been a better-known criminal case in American history, or a better-known defendant. With that in mind, to the extent that the Court's order seeks to prevent future statements from affecting the impartiality of the potential jury pool, the order seems unlikely to make much of a difference. Where, as here, an order restricts a citizen's ability to speak out on matters of public concern, in the midst of an election campaign in which his words may inform the result of the presidential election, more is required than a generalized concern about further publicity about what is already one of the most public trials in the history of our nation."


Don't think the ACLU has suddenly decided it likes Trump. The brief begins with boilerplate criticism of the former president, writing, "Much that he has said has been patently false and has caused great harm to countless individuals, as well as to the Republican itself." But the First Amendment applies to Trump just like it does to every other American, and the ACLU has become a lone establishment voice to uphold that principle.

Kathianne
10-27-2023, 12:49 PM
More:

https://hotair.com/karen-townsend/2023/10/27/aclu-supports-trumps-fight-against-dc-judges-gag-order-n588076


ACLU Supports Trump's Fight Against DC Judge's Gag OrderKAREN TOWNSEND 12:01 PM on October 27, 2023

ACLU Supports Trump's Fight Against DC Judge's Gag Order
AP Photo/Charles Krupa
Politics makes for strange bedfellows. The American Civil Liberties Union (ACLU) announced it will file an amicus brief to argue that the limited gag order imposed on former President Donald Trump in his election interference case in Washington, D.C. is unconstitutional.


The announcement was made on the same day that federal prosecutors asked U.S. District Judge Tanya Chutkan to reinstate the gag order. The gag order is currently paused but prosecutors argue that it is necessary to keep Trump from speaking out against witnesses.


Trump “has a demonstrated history of using inflammatory language to target certain individuals in a way that ‘pose[s] a significant and immediate risk’” that witnesses will be intimidated, Special Counsel Jack Smith’s team argued in court papers filed Wednesday.


In the ACLU’s proposed brief, senior staff attorney Brett Kaufman wrote that Trump has made statements that have been “patently false” and have “caused great harm to countless individuals, as well as to the Republic itself.”


To be clear, the ACLU agrees with Jack Smith that Trump is a danger to the Republic but the ACLU is standing up for Trump’s First Amendment right to lash out on Truth Social. And, others have a right to hear what he has to say.


Trump had a partial gag order imposed on him by Judge Chutkan on October 17 to keep him from making statements against Special Counsel Jack Smith, his staff, witnesses, and court personnel. Chutkan said Trump can criticize the Justice Department in general terms and can post his opinion that the case against him is politically motivated. But, she said, Trump cannot attack prosecutors or court staff on social media.


Trump appealed the gag order, arguing that his First Amendment rights are being violated with the gag order. Chutkan issued a stay on the gag order pending Trump’s appeal. Trump went right back to posting on Truth Social about Smith and the witnesses.


The ACLU isn’t siding with Trump because it agrees with Trump’s grievances. It is doing so because while the First Amendment doesn’t protect incitements to violence or threats, the gag order is not justified. Prosecutors have not shown that Trump’s speech will threaten the administration of justice.


The ACLU argues Chutkan’s order is too vague on its ban on “targeting” the special counsel, potential witnesses, and the “substance of their testimony” because it could be read such that Trump would violate the order by merely mentioning those people.


The civil rights group also suggests the order is too broad because it covers Smith, a public official, and the “substance” of any witnesses’ testimony, which will be highly relevant to the 2024 presidential campaign. Trump has a commanding lead in polls of the 2024 Republican presidential primary.


“No modern-day president did more damage to civil liberties and civil rights than President Trump, but if we allow his free speech rights to be abridged, we know that other unpopular voices — even ones we agree with — will also be silenced,” said Anthony D. Romero, executive director of the ACLU. “As much as we disagreed with Donald Trump’s policies, everyone is entitled to the same First Amendment protection against gag orders that are too broad and too vague.”


It is easy to criticize the prosecution of Donald Trump because partisan political actors like Jack Smith make it easy. Even Democrats admit that Trump is being politically persecuted, mostly in hopes of keeping him out of the White House. It is political interference.


Trump’s attorney John Lauro agrees with the ACLU and its argument about Trump’s First Amendment rights.


For Jack Smith’s team, it is all about the words that Trump uses on social media against them and the witnesses.


The partial gag order in the D.C. case isn’t the only gag order imposed on Trump. New York Judge Arthur Engoron imposed a gag order on Trump in the lawsuit against Trump and the Trump Organization brought by New York Attorney General Letitia James. Trump was given a $10,000 fine Wednesday for violating that gag order. He was threatened with jail time if he further violated the gag order. Judge Engoron fined Trump $5,000 last Friday for his posts on social media.


Trump’s legal team argues that the gag orders are overkill and interfere with his ability to campaign as a presidential candidate.


It’s hard to not notice a two-tiered justice system when it comes to Trump. Just look at how Trump’s political opponent, Joe Biden, and his family business dealings are being treated with much more deference than Trump’s business dealings. Prosecutors have brought in Trump’s children who are part of the Trump Organization. All of this is unprecedented. No other former president has not been prosecuted after leaving office, especially during a political campaign.


We’ll see how the ACLU’s intervention on behalf of Trump’s First Amendment rights goes.

hjmick
10-27-2023, 01:24 PM
A lot of folks dislike the ACLU, From what I can tell it's because they frequently defend people whose ideas are not often popular among the general populace. I myself have, at times, found myself saying WTF? about some of the case choices made by them. But at the end of the day, I believe they are mostly true to the ideals of the Constitution. That doesn't mean I'm goig to like everything they defend, but that's what free speech is about...

Kathianne
10-27-2023, 02:40 PM
A lot of folks dislike the ACLU, From what I can tell it's because they frequently defend people whose ideas are not often popular among the general populace. I myself have, at times, found myself saying WTF? about some of the case choices made by them. But at the end of the day, I believe they are mostly true to the ideals of the Constitution. That doesn't mean I'm goig to like everything they defend, but that's what free speech is about...

Exactly. Like the Nazis march in Skokie-deplorable, but 1st amendment.
Flag burning-deplorable, but 1st amendment.
Trump-deplorable, but 1st amendment.

fj1200
10-31-2023, 01:48 PM
A lot of folks dislike the ACLU, From what I can tell it's because they frequently defend people whose ideas are not often popular among the general populace. I myself have, at times, found myself saying WTF? about some of the case choices made by them. But at the end of the day, I believe they are mostly true to the ideals of the Constitution. That doesn't mean I'm goig to like everything they defend, but that's what free speech is about...

For myself it's their tendency IMO to not be an unbiased arbiter of civil liberties. I think Cato and Reason do a better job.