Sunday, October 29, 2023

Gag Me!

Trump is showing the strain:

Last night, Trump complained that the lack of lighting was making it difficult to read his prepared remarks, which he described as 'crap.'
Here’s what he said:
Trump: 'And I apologize for those lights. The only place I don't have is up here. We're going to have to wing it tonight. There's no lights. They give us plenty of lights but not to read this crap.'
Well, he’s giving the same speech over and over, he’s gotta change it up somehow. I figure his fans like it the way little kids like to hear the same bed-time story every night.

But he can’t stick to the script:
Trump: 'This is the darkest-looking valley I've ever seen right here. You cannot even see there's a folder down there. So, you improvise. You put it up here and pretend there is nothing happening, and then you don't read it anyway because when you read this stuff, it's no good.'
Internal dialogues going external is one thing, but this is another:
Trump: He [Biden] can’t put two sentences together 
Also Trump: They’re not doing well. They’re not being treated— and they are— they are right now at a level— I t
Projection is a harsh mistress. And teleprompters give him trouble:
Trump: 'Terrortism—terror—what, what you're doing—terrorism.'
Also:
Also Trump: My trade deal was a giant win for farmers and manufacturers Mexico and Canya
But tonight Trump said Hungary has a border with Russia. His geographical challenges are closer to home, too. Tonight in Sioux City, Iowa:
Donald Trump repeatedly referred to the city was Sioux Falls throughout the speech, before local Iowa State Senator Brad Zaun walked on stage and whispered in Donald Trump's ear to let him know where he was. The exchange was caught on hot mic. 
At one point, Donald Trump addressed the Iowa crowd, saying, "Very big hello to a place where we've done very well. Sioux Falls, thank you very much, Sioux Falls. And thank you." 
Sioux Falls is in South Dakota, not Iowa. 
Moments later, Zaun went on stage and told Trump, "You're in Sioux City, not Sioux Falls." 
Trump appeared confused during the exchange. "Oh it's, oh it's – is that right?" Trump asked, befuddled. 
He then went to the microphone, gathered his composure, and tried to pretend he didn't make the error. "So Sioux City," he addressed the crowd.
Meanwhile, Chutkan reimposed her gag order tonight:
The Corrupt Biden Administration just took away my First Amendment Right To Free Speech. NOT CONSTITUTIONAL! MAKE AMERICA GREAT AGAIN
He’s under arrest and out on bond. His First Amendment rights are affected by those facts. I understand the small “c” conservatism of judges in matters where there is no comfortable precedent*, but I’m not sure the question is all that close.

It’s certainly worth finding out how a political candidate gets more leeway than any other criminal defendant. Sauce for the goose is a pretty fundamental legal principle. Why ex-presidents and presidential candidates get special privileges would be an interesting opinion to read, if anyone could manage to convince a majority to buy it.

And yes, since Barr is a witness, Trump violated the gag order about an hour after it was reimposed. Expect the DOJ to bring this to Chutkan’s attention, oh…tomorrow morning.


*Probably the last story from my tiny store of experiences as a lawyer. I needed to recover some property (not real property) for a client (a bank with a lien on it). I carefully researched the proper motion to file and soon found myself before a judge to get a signature on the order so I could get it executed. It was an unusual motion, which is to say out of the ordinary run. I had to do it because of circumstances, which I’ve forgotten (this was about 35 years ago).  I’ve even forgotten what the particular motion was. The judge was skeptical that I had made the right motion (and that he was signing the right order). His concern was both to do the right thing, and that I wasn’t asking for the wrong thing.

Like the rest of us, judges work from what they know; and nobody is quite sure what the law is in this situation. Time to find out, sez I.

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