Why gag orders against Trump haven't stopped his attacks
Nov 25, 2023
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NPR justice correspondent Carrie Johnson joins Scott Detrow and Domenico Montanaro to discuss gag orders against Trump in various cases. They explore the challenges of implementing gag orders on Trump and the real-world consequences of his verbal attacks. They also cover a civil fraud case and attempts in Colorado to keep Trump off the ballot.
Trump's attacks on judges and potential witnesses are undermining the legal process and causing real-world threats and harassment.
The issue of gag orders is contentious, as Trump's lawyers argue they censor his political speech while prosecutors claim his attacks undermine the trials.
Deep dives
Trump's Legal Battles and Gag Orders
Trump's legal battles are being fueled by his political identity as he portrays himself as a victim of legal witch hunts. The judges and prosecutors are struggling to handle Trump's unconventional behavior as a criminal defendant, as he uses his platform to attack them and potential witnesses. The issue of gag orders is particularly contentious, with Trump's lawyers arguing that they censor his political speech while prosecutors claim that his attacks undermine the legal process. The courts are grappling with the balance between Trump's First Amendment rights and the need to protect witnesses and the integrity of the trials.
Threats and Consequences in Trump's Trials
The real-world consequences of Trump's actions in his legal battles are becoming evident, with threats and harassment directed at judges, court clerks, and witnesses. The New York civil fraud trial has witnessed a court clerk receiving hundreds of threatening and harassing voicemails, including anti-Semitic remarks. The fear of witness intimidation is also present in the January 6 federal trial, where Trump's attacks on political opponents have been linked to death threats. These threats highlight the challenges faced by the courts and the need to address the issue of Trump's inflammatory rhetoric.
Trump's Eligibility for Office and the 14th Amendment
Several states have filed challenges to keep Trump off the ballot based on his actions leading up to and on January 6, arguing that they make him ineligible for office according to the 14th Amendment of the U.S. Constitution. The 14th Amendment states that individuals engaged in insurrection or rebellion against the United States cannot hold office. While Trump's engagement in insurrection is debated, judges have ruled in favor of keeping him on the ballot, considering him not an officer of the United States. The question of whether the Supreme Court will intervene remains uncertain, as it involves complex constitutional interpretations and political considerations.
This week, Scott Detrow and NPR political editor/correspondent Domenico Montanaro discuss gag orders in multiple cases against President Donald Trump and his attempts to weaponize them politically. Plus an update in the New York Civil trial and a Colorado case you might've missed.
They're joined by NPR justice correspondent Carrie Johnson. Topics include:
- Gag orders in the federal election case and the New York civil fraud trial - The legal and political challenges of implementing gag orders on Trump - Real world consequences of Trump's verbal attacks - Attempts in Colorado to kick Trump off the ballot