In what to me is a stunning move a three judge panel of the DC Court of Appeals has put the limited gag order District Court judge Tanya Chutkan on hold pending the appeal Trump (naturally) filed. According to this story by UPI:
The three-judge panel issued the emergency stay on Friday less than a day after Trump’s legal team filed a motion to pause an October decision by U.S. District Court Judge Tanya Chutkan preventing Trump from speaking out against court staff, potential witnesses, and members of special counsel Jack Smith’s prosecutorial team.
It’s worth remembering how this unfolded. Judge Chutkan, since Trump wasn’t abiding by rules all criminal defendants in DC are required to obey issued a narrow gag order. Trump of course complained and said he’d appeal. Judge Chutkan was convinced by Trump’s lawyers he’d behave enough that she lifted it pending appeal. Trump, to NO one’s surprise promptly abused her goodwill and violated DC law/rules for criminal defendants and clearly the terms of the narrow gag order so she put it back in effect. Hence the appeal and a request for an emergency stay of the gag order leading to where we are now. (The order granting the stay didn’t comment on the merits or lack thereof of Trump’s appeal)
Trump was given his proverbial inch and took his proverbial mile and then some. He knows damn well (or his lawyers do) that he’s got little if any chance of winning any appeal to such a narrow gag order. So, as to be expected he decided he’d use every bit of time and latitude granted to insult the judicial system and the people who work in it to contaminate the jury pool. To threaten witnesses, and even the judge and prosecutors and by extension potential jurors. Like a mob boss telling the city “Nice life you’ve got for yourself, and nice family. Shame if anything happened to them while I’m in court defending myself against ‘baseless’ charges.” Now, thanks to the panel that caught the appeal he’s going to do more of what he did when judge Chutkan gave him a break. Only worse.
Every day Trump is unchecked is bad for justice and more importantly dangerous for both individuals who might be part of the process of (finally) convicting him for his crimes, but the rule of law in this country and ultimately the country itself. Trump already proved when judge Chutkan stayed her own gag order he’d take advantage which is why she put it back in effect. Given that I find it stunning that the appeals court wasted NO time in staying the order again. By god they moved like lightening to appease Trump! That pisses me off to no end, but what the UPI article said that truly infuriated me was:
The Washington, D.C., appeals court, comprised of two judges appointed by former President Barack Obama and another appointed by President Joe Biden, set oral arguments to begin in the matter on Nov. 20.
It’s not like Team Trump didn’t start preparing their appeal, and the prosecutors their response from the moment judge Chutkan first issued the gag order. So why in the hell is the appeals court waiting OVER two freaking weeks just to hear oral arguments? And after that how long will they sit around playing at being oh so important and kick around their decision which legal experts say is actually an easy call?
The way I see it is clear from the title of this. Those appellate judges are either cowards afraid Trump will set his MAGA mob after them, or a-holes with inflated egos in their freaking ivory tower. Insulated from the consequences of their decisions, with an attitude of “WE are special and will get around to whatever we want when WE decide to get around to it.” Basically smug a-holes who might as well be sitting safe in a gated community for rich people with well-paid private security and not caring that the part of town where “regular” people live is dealing with a riot.
As I indicated it’s not like both the prosecution and defense haven’t prepared motions for an appeal of the gag order. And Trump is a political arsonist spreading his actions to the judicial system/rule of law and with his fame has tools to start fires most arsonists can’t even dream of having. Yet these judges don’t care how many fires Trump will start while they “prove they work on THEIR schedule” and to hell with the people who have had death threats made against them (and the ones to come), and the other negative effects.
There is no reason, none that arguments on this appeal can’t be heard early this coming week. And that a decision can’t be handed down by the end of the week. But the judges on the panel are either scared Trump will say mean things about them, or they’ve decided NOW of all times is the time to do a little muscle flexing under their robes.
As for the damage done, it doesn’t matter one fooking bit to them.
There’s an old saying about the wheels of justice grinding slowly. That’s sure as hell the case sometimes. Too often for most of us but even the worst of defendants still have rights under our Constitution. Not only rights, but they and their lawyers can often abuse those rights to a degree and some have the ability to so turned into an art form.
Donald Trump is one of those people.
The panel of the DC Court of Appeals that is indulging Trump should be ashamed of themselves. I don’t care if their lack of urgency in addressing this is fear or ego based. They should be ashamed of themselves, Enough so that they hand in their robes. Resign. Because we need judges with backbones. And no pun intended judgement as in enough to know sometimes you set aside some other matters and treat some cases with the urgency they demand. This panel of judges has failed. And the costs of their inaction could be far reaching and not in a good way for real people or the rule of law.
“Those appellate judges are either cowards afraid Trump will set his MAGA mob after them, or a-holes with inflated egos in their freaking ivory tower.”
This assessment sounds incredibly unfair given the makeup of the panel. It says two of the judges were appointed by Obama and the third by Biden. What the fuck do you think would’ve happened if that very same panel had ruled against Trump without actually making an appearance of doing due diligence?
Trump would’ve been right out there complaining about the “Democrat-appointed Trump-hating judges” and how it just proved how the “system” is “rigged” against him. And yes. Trump WOULD have sicced his MAGAt wolves on the judges (and, most likely, their families)–all the while denying he did anything of the sort. (And as many civil rights attorneys found, when trying to tie the leaders of anti-Jewish white supremacist groups to the actions of their followers back in the 1980s, it’s a pretty damned difficult task to link one person’s words–no matter how incendiary–to someone else’s criminal actions.)
I must respectfully disagree. The DC Circuit has more judges appointed by Democrats than Republicans so it’s not unusual that a panel would be composed of Democratic appointees. Regardless, I stand by my contention that from even before judge Chutkan handed down the gag order, that as soon as lawyers knew she was looking at doing so BOTH sides were drafting what they’d say when it was actually appealed. I mean come on! Everyone knew Trump would appeal ANY gag order. This is even a case where instead of waiting till the last possible second Trump would file an appeal so he could keep shooting off his ugly mouth.
So, it’s not like either side was caught unaware of all this. And there are long established rules for conduct of criminal defendants in DC where this case is. Rules/law that Trump has violated AND there is ample precedent on which to to base judicial response to said violations. Yes, high profile cases which those involving ricn/powerful people tend to be can make things a bit more complicated. But the typical defendant who conducts themselves as Trump has would wind up in pre-trial detention of some sort.
Judge Chutkan crafted a quite narrow gag order to spell out the boundaries for Trump yet still allow him to campaign and make generalized criticisms Yet Trump still screamed stomped like a toddler in a store who’s mom wouldn’t let him have a candy bar so as I said an appeal was ALWAYS in the cards.
Here’s what could have and should have happened that would meet the standard you suggest: Give both sides the weekend to draft their arguments and have it submitted first thing tomorrow morning. Again, the case law in DC is well established on all this. Give the judges a day, perhaps two to review them (or have their law clerks check out any unusual citations and have oral arguments either Tues. or Wed. And there’s no reason that in such a straightforward case/issue a decision by the panel couldn’t be reached by the end of the week. With only three judges it would take less than a day (maybe just hours) to draft the opinion. But the bottom line is that by this time next weekend there would have been ample time to compare an arguments made by either side against existing practice and case law and the matter would be settled.
Waiting until the 2pth just to hear oral arguments is a goddam joke and an insult to the justice system. Add in Thanksgiving which will put everything on hold and we are likely to be well into December before there’s a ruling thanks to these judge’s lack of urgency. I shudder at the damage an unchecked Trump will do during that time. I’ll guaran-goddam-tee you HE sees over two week’s delay for oral arguments as a sign the courts are weak, and AFRAID of him. He will ruthlessly exploit that and it’s because those judge handed him a golden ticket to do so.
More like the 8th grade bully who beat up the kid who wouldn’t hand over his lunch money, and then blacked the eye of the teacher who waded in to stop him,in front of the coach and the school.counselor.
I wouldn’t have thought anything of it, had they not stayed the gag order.
Trump now has two weeks to work his “magic” and what is said can’t be un-said.
There is no guarantee of unfettered free speech. We are not allowed to threaten others verbally-this is called assault. We are not allowed to endanger others’ health or lives by saying stupid shit (i.e. yelling “fire” in a theater when there isn’t one). We are not allowed to slander/libel others. There is a host of verbalizations we are not legally allowed to utter for various reasons. For the D.C. appellate to even bother to hear this is asinine. To put it off until the 20th is even more so.