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Is a gag-order constitutional?
General Boards - Politics
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Replies: 30
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Is a gag-order constitutional?

3

Apr 19, 2024, 10:27 AM
Reply

Trump's gag order prevents him (or anyone he knows) from speaking about the trial, or anyone involved. Yet, witnesses, prospective jurors, the judge, and everyone else is not barred from speaking about it. Cohen is making the Sunday news rounds and the judge's daughter is raising campaign funds off of the trial.

Ya'll OK with that, because it makes sense; or because it's Trump?

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What statute is he charged with?

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1

Apr 19, 2024, 10:36 AM
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As Birmtard would say..."waiting"

Birmingahmtiger

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https://as1.ftcdn.net/v2/jpg/00/81/16/28/1000_F_81162810_8TlZDomtVuVGlyqWL2I4HA7Wlqw7cr5a.jpg


Yes, as long as they meet strict requirements.

1
1

Apr 19, 2024, 10:54 AM
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https://firstamendment.mtsu.edu/article/gag-orders/#:~:text=Gag%20orders%20must%20be%20carefully,if%20they%20meet%20strict%20scrutiny.

Of course, you can always get around it when you steer the largest media mouthpiece out there, FOX News, which is exactly what Trump is doing. Pass talking points along to FOX, then RE-post. "I didn't say it, FOX did!"

https://x.com/RonFilipkowski/status/1780960157955964930

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Wouldn't "strict requirements" apply to everyone involved?***

1

Apr 19, 2024, 11:03 AM
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Re: Wouldn't "strict requirements" apply to everyone involved?***

1

Apr 19, 2024, 11:16 AM
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Nobody else has the problem that Trump has. He can talk about his case, but certain aspects about people he can't due to the danger he creates. He created the situation.

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LOL. WOW.***

1

Apr 19, 2024, 11:19 AM
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Re: LOL. WOW.***

1

Apr 19, 2024, 11:36 AM
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Its pretty common. Wow? Well that is your answer. It goes over your head. Read about the gag order and who he cant talk about and maybe you will understand. Its pretty straightforward. There are obvious reasons. He can talk about his case every day though.

https://www.reuters.com/world/us/what-does-gag-order-mean-trumps-hush-money-case-2024-04-12/#:~:text=NEW%20YORK%2C%20April%2012%20(Reuters,the%20case%20and%20their%20families.

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Re: LOL. WOW.***

1

Apr 19, 2024, 2:07 PM
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Trump’s gag order also prevents him from speaking about witnesses. Reuters article conveniently left out that fact, which is example number 1 billion about how the Uniparty’s propaganda network dupes well meaning Americans into taking a steady diet of blue pills.

Notice how key witness Stephanie Clifford aka Stormy Daniels has a documentary out there which contains a large portion of content related to the State of NY vs Trump trial. Her former lawyer (Michael Avenatti has gone public with a statement that Ms. Clifford is a liar.)
Notice how key witness Michael Cohen had been going on every leftist media outlet to impugn Trump and judge as a criminal. Michael Cohen is a three time perjuror.

Yet, Trump was gagged as soon as the judge first took the stand; he was gagged further when he dared to prove the judge’s bias (Note: Judicial bias is a constitutionally defined violation of a defendant’s &/or plaintiff’s right to due process, it this is NY, so who cares?). The judge’s bias is that his daughter (Loren Merchan) is an executive officer for a Democrat digital fund raising and messaging organization; Trump bashing is one of best known fund raising tactics. This digital fund raising organization (known as “Authentic” keeps ~10% of raised funds; this is a low overhead organization, as is typical of small web-based companies. Yet, Authentic has, in the past ~ 3 years, raised ~ $93,000,000. Executive managers of Authentic get a lion’s share of the 10% fees which it retains from their fund raising success.
(*). In other words, Merchan’s daughter has already become rich as a result of her activities with Authentic, and the new State of NY vs Trump trial will be yet another financial windfall for Loren Merchan.
(*). Finally, Judge Merchan himself has made token donations to Democrat politicians; Judge Merchan himself is an elected judge who ran as a Democrat; Judge Merchan himself had been on TV in the past (~ 2016 to ~ 2020 general time range) during which he expressed his strong dislike for US presidents who communicate via social media. Trump was the first US president to extensively communicate via social media.

OK, now back to Trump’s gag order. Trump cannot publicly defend himself against three entities which are closely aligned against him in this trial. Yet, poorly informed TDS’ers are blind to how the various ‘get Trump’ trials are incredibly damaging to the American system of justice. A fair and unbiased judiciary is the single most important factor in the American democracy. This State of NY vs Trump case’s one sided gag order … designed to disadvantage Trump’s political candidacy … is yet another exclamation mark to signify the descent of America from a representative government to an autocracy.

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Re: LOL. WOW.***

3

Apr 19, 2024, 2:38 PM
Reply

They aren't blind they just don't care. If the judge ordered Trump taken outside and shot they would cheer. They are human trash.

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Exactly***


Apr 21, 2024, 8:57 AM
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Oh Good Lord....

1
1

Apr 19, 2024, 3:22 PM [ in reply to Re: LOL. WOW.*** ]
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In an autocracy, or a dictatorship, people like Trump can not be indicted & charged for his crimes.

In a democracy, people like Trump can be indicted for his crimes.

The fact that this trial is occurring is an indicator that we're NOT an autocracy.

You have it completely backward.

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Re: Oh Good Lord....autocracy is rapidly expanding right now

1

Apr 19, 2024, 5:09 PM
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A huge complicating factor which destroys the fallacious intent of the ‘no one is above the law’ trope is that Team Trump is NOT arguing that he is above the law.

The Constitution itself grants special powers and privileges to presidents … past and present … that are not afforded to anyone else.

Idiots have been duped b6 their thought leaders into believing that no such special privileges should be granted to a president (or former president) because ‘all people are created equal’ or something along similar lines.

Solly Cholly, that isn’t the way that The Constitution works.

Here’s a non-Trump example: Obama took ~33,000,000 confidential records immediately before leaving the WH. Highly classified documents are believed by NARA to be amongst those 33MM documents. NARA has be3n requesting for 7+ years that Obama turn those documents over to NARA. Obama, via his actions, has 5old NARA to pound sand. Why hasn’t the DoJ issued a subpoena to obtain those documents on behalf of NARA? Obama’s defense is that Article 2 of The Constitution entitled Obama, as a then president and a now former president, to possess those documents and to take whatever measures he (the now ex-president) to safe keep those documents.

Clinton got a different courtesy. He left the presidency with possession of confidential recordings between him and various foreign leaders. DoJ sued. Case went to SCOTUS. SCOTUS ruled that Clinton had the right to keep these tapes; ‘safe keeping’ of those tapes was storage in a sock drawer, which is also entirely legal as per how Article 2 enumerates presidential (and ex-presidential) privilege.

(?). Don’t like how this law works? Too bad. That is the law. Thus, neither Obama nor Clinton were ‘above the law’ with regard to presidential documents. So please, just stop it with the false premised statement of ‘nobody is above the law’ when it comes to the privileges that Team Trump claims.

Autocracy is the state of government when arbitrary judgements are passed down from the powerful to the common people. Constitutional republics are when caref7lly articulated, situation specific laws are the standard to which powerful people are constrained to follow when ‘judging’ people who are not in a position of power. America’s trajectory from a constitutional republic to an autocracy had started slowly. That pace is picking up speed, yet most Americans are worried about band practice, vacation destination decisions, garden club get-together, etc. These well meaning Americans don’t see autocracy racing up behind them until something happens to ‘reintroduce’ them to the court system. They won’t even think about this until some activist judge dispenses an unconstitutional judgement against them.

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Our resident constitutional and legal expert has weighed in.***

1

Apr 19, 2024, 6:14 PM
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Pfft....

1

Apr 19, 2024, 7:14 PM [ in reply to Re: Oh Good Lord....autocracy is rapidly expanding right now ]
Reply

Your Obama claims have been fact-checked and are false:

https://apnews.com/article/fact-check-obama-million-documents-929954890662
https://www.reuters.com/article/idUSL1N3111RO/

Your characterization of the Clinton claims is incorrect:

https://www.usatoday.com/story/news/factcheck/2023/06/23/clinton-sock-case-not-relevant-to-trumps-classified-docs-case-experts-say/70325388007/

Trump and his team are in fact arguing that he's above the law.

https://ny1.com/nyc/all-boroughs/news/2024/04/19/supreme-court-trump-immunity-question-election-fraud-jan-6

Quoting from the link:
Trump and his attorneys have argued that presidents should be able to have absolute immunity for any acts he undertook while serving in the role, writing in a brief before the court: “The president cannot function, and the presidency itself cannot retain its vital independence, if the president faces criminal prosecution for official acts once he leaves office.”

Everything you posted is nonsense.

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Re: Pfft....

1

Apr 19, 2024, 8:35 PM
Reply

The articles that you had posted are specious.

Trump is arguing that a president has absolute immunity for any acts which he undertook while serving in the role of president. The additional context was ‘inadvertently’ … yeah, that’s it … left out in the NYT link that this absolute immunity from criminal prosecution as applied to OFFICIAL presidential acts.

Trump and all previous presidents since Jimmy Carter had taken confidential documents before they left office. Read the DoJ / Robert Hur review of why the DoJ did not indict (or in cases other than Clinton, not even bother to file an indictment, for any of the former presidents’ failures to return all of the confidential documents to NARA.

With Biden, the DoJ included Biden in the list of ex-presidents who refused to return confidential documents until subpoened. Biden, however, was not president when he stole confidential documents. His were absconded when he was Senator and VP. This is flat out, in its surface, felonious, behavior. Same as when H8llwrybstole confidential documents.

Our authoritarian government, however, chose to not indict either Hillary or Joe for their indisputable felonious behavior. Trump, on the other hand, has at the worst a legitimate claim to presidential immunity for his confidential document possession.

The DoJ is acting as an authoritarian entity at the behest of the authoritarian Biden administration. Selective prosecution, with people like non-president Biden and non-president Hillary being untouched for illegal possession of documents, while Trump, who has a legitimate argument for possessing the documents, is a violation of Constitutional due process.

To put it another way, your sources are (cleverly) FOS.

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Yeah, that's all extremely convincing. (eyes roll)****

1

Apr 19, 2024, 10:58 PM
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Re: Yes, as long as they meet strict requirements.

1

Apr 19, 2024, 11:18 AM [ in reply to Yes, as long as they meet strict requirements. ]
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He won't be able to repost other people's posts that break his gag order either, which he has been doing. People in his cult can post what he wants and they can claim it.

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Poor Trump, such an innocent victim***

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2

Apr 19, 2024, 11:01 AM
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Re: Is a gag-order constitutional?


Apr 19, 2024, 11:13 AM
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Yes. He can talk about his case, but not certain aspects about certain people. Its a way to protect people.

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Hes not forbidden to talk about the trial. He trots out

1
1

Apr 19, 2024, 11:28 AM
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there and slams the trial all day every day. He just can’t identify/attack/threaten the people involved.

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Bragg slammed/attacked/threatened Trump just to win his D.A. race.

2

Apr 19, 2024, 12:12 PM
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So, ### are you talking about?

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Re: Bragg slammed/attacked/threatened Trump just to win his D.A. race.

1

Apr 19, 2024, 12:21 PM
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You still don't get the gag order. There is a link above a bit.

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A D.A. race isnt a criminal trial. Hope that helps.***

1
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Apr 19, 2024, 12:30 PM [ in reply to Bragg slammed/attacked/threatened Trump just to win his D.A. race. ]
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No ethical obligations to being a NYC DA... That's become obvious.***

1

Apr 19, 2024, 1:04 PM
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Only for women who are into that.***

2

Apr 19, 2024, 12:00 PM
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Of course it is. As if you care about the constitution...***

1
1

Apr 19, 2024, 1:37 PM
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naw, he's just a classic Incel

1

Apr 19, 2024, 5:34 PM
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If I were Keowee's Bud I would take him to a strip club and pay one of the girls to go home with him so he would stop all of his whining.

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Re: Is a gag-order constitutional?


Apr 20, 2024, 12:06 AM
Reply

I don’t believe it is, and here’s why. A simple reason in my view.

You have the right to remain silent with the Miranda warning. If you speak anything you say can be used against you. Never do they say you have to remain silent.

You have not lost any rights while being tried.

So, if you choose to speak about your trial without grandstanding the courtroom there should be no problem with it.

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No, everything about this is a miscarriage of justice.***


Apr 20, 2024, 7:32 AM
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Gag me on a Saturday night and I will


Apr 20, 2024, 8:38 AM
Reply

tell you b

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*little fists pounding****

1

Apr 21, 2024, 9:34 AM
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[Catahoula] used to be almost solely a PnR rascal, but now has adopted shidpoasting with a passion. -bengaline

You are the meme master. - RPMcMurphy®

Trump is not a phony. - RememberTheDanny


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