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He can't threaten a witness, but he certainly can criticize them. He can say a witness is lying or is a freak. He's allowed to criticize Pence all he wants. That's not "intimidation." Intimidation requires threats against the witness or witness's family or property, trying to prevent the witness from testifying, etc. However, he is certainly allowed to say stuff like "Pence is full of it, a liar, etc."I don't think there is anything in the bail conditions that limits his speech as regards to the campaign. He is free to attack his rivals in the manner he usually does. Pence might be the only touchy area but if his sticks to issues related to the campaign and not the trial he should be OK. Trump has no need, or right, to attack witnesses nor threaten anyone. That's not free speech, it's a criminal act. If Trump didn't like the bail conditions he should have fight them, not violate them. My bet is the SC would likely refuse to hear it just like they did the election fraud cases.
Not all speech is protected. Witness intimidation is a crime all on it's own.It's always a free speech issue when a court prohibits or tries to prohibit someone from speaking. That doesn't mean the Court can't prohibit certain things. It just means that when dealing with speech, it's always a free speech issue.
He's allowed to say derogatory things about a witness. He absolutely can say Brian Kemp is a liar who betrayed Georgians, just as much as Kemp can say that Trump is a liar and betrayed Americans. Trump is a potential witness, too, and if it's intimidation for him to say X, then it's intimidation for anyone else to say similar things about him. Protection of witnesses does not mean that the defendant is fair game, and the witnesses can't be criticized. Nobody can threaten the witneeses, including Trump and others, but a threat is not the same thing as a criticism.No, that is not witness intimidation. In order to violate the terms he himself agreed to he would have to name a specific person and say derogatory things about that person or their testimony. For example he can't say Brian Kemp is a liar who betrayed Georgians by not doing what I wanted him to do and Georgians should remember that next election. Mind you there are those here who think that type of rhetoric is OK.
Yes, but intimidation requires threats to the witness or to others, etc. It's not just "Witness X is an asshole and a liar." That's not intimidation. That's free speech.Not all speech is protected. Witness intimidation is a crime all on it's own.
There is a thin line there I agree, but I think he would be walking that thin line if he was addressing the specific testimony of Pence the witness, ie Pence is lying I never asked him to do that. I'm sure the judge will give him latitude as it relates to Pence.He can't threaten a witness, but he certainly can criticize them. He can say a witness is lying or is a freak. He's allowed to criticize Pence all he wants. That's not "intimidation." Intimidation requires threats against the witness or witness's family or property, trying to prevent the witness from testifying, etc. However, he is certainly allowed to say stuff like "Pence is full of it, a liar, etc."
In my quote of Kemp I included the threat of payback at election time. That is the type of thing that takes it over the line...I think. No doubt we will see because Trump will push it.He's allowed to say derogatory things about a witness. He absolutely can say Brian Kemp is a liar who betrayed Georgians, just as much as Kemp can say that Trump is a liar and betrayed Americans. Trump is a potential witness, too, and if it's intimidation for him to say X, then it's intimidation for anyone else to say similar things about him. Protection of witnesses does not mean that the defendant is fair game, and the witnesses can't be criticized. Nobody can threaten the witneeses, including Trump and others, but a threat is not the same thing as a criticism.
He can't threaten a witness, but he certainly can criticize them. He can say a witness is lying or is a freak. He's allowed to criticize Pence all he wants. That's not "intimidation." Intimidation requires threats against the witness or witness's family or property, trying to prevent the witness from testifying, etc. However, he is certainly allowed to say stuff like "Pence is full of it, a liar, etc."
If Pence can call Trump a liar and if others can call Trump a liar, he can call them a liar. Trump is also a "witness" in the case. Whether he will testify is an open question, but if other witnesses can speak publicly and say that Trump told me X, Y and Z, and Trump is lying about X Y and Z, then he can say "oh, no, f u buddy, you're a liar and I never said that."There is a thin line there I agree, but I think he would be walking that thin line if he was addressing the specific testimony of Pence the witness, ie Pence is lying I never asked him to do that. I'm sure the judge will give him latitude as it relates to Pence.
I don't think the judge would move on comments like that. There will have to be an element of intmidation or threat.If Pence can call Trump a liar and if others can call Trump a liar, he can call them a liar. Trump is also a "witness" in the case. Whether he will testify is an open question, but if other witnesses can speak publicly and say that Trump told me X, Y and Z, and Trump is lying about X Y and Z, then he can say "oh, no, f u buddy, you're a liar and I never said that."
Stopped from doing what?Is he allowed to say stuff like,
"Pence [or other relevant person] must be stopped"
Free speech. You can say Trump is an enemy of the people, too.Or,
"Pence [or other relevant person] is an enemy of the people"
Free speech. Same can be lawfully said about Trump, despite his status as a witness in his own cases, and others. He's a witness in 1/6 cases - he might not have been called, but we don't know if Pence or others will testify in the Trump cases, either. So, if potential witnesses cannot be alled "enemeis of the people, and dangers to America, then be careful what you wish for, because the same rules would have to apply to Trump when he is a witness.Or,
"Pence [or other relevant person] is a danger to America"?
I agree the judge shouldn't move on language like that. But, Trump's opponents think everything the guy says is an intimidation. Calling someone on the phone and asking a question is, to a Trump opponent, an intimidation when Trump does it.I don't think the judge would move on comments like that. There will have to be an element of intmidation or threat.
Stopped from doing what?
If just "must be stopped." Yes. Pence must be stopped, just as every one of Trump's opponents is saying iterations of Trump must be stopped. People are saying he should be barred from running for President, FFS. And Trump is a witness, too.
Free speech. You can say Trump is an enemy of the people, too.
Free speech. Same can be lawfully said about Trump, despite his status as a witness in his own cases, and others. He's a witness in 1/6 cases - he might not have been called, but we don't know if Pence or others will testify in the Trump cases, either. So, if potential witnesses cannot be alled "enemeis of the people, and dangers to America, then be careful what you wish for, because the same rules would have to apply to Trump when he is a witness.
And it's not just defendants in cases that can't engage in witness intimidation. If saying those things toward a witness is intimidation when a defendant says it, then it's intimidation when anyone else says it. If Newsmax or the Wall Street Journal published those statements that you just wrote about Pence, would you say they are intimidating Pence?
How so? Do you think Pence should be able to call Trump a danger to America while the campaign is going? What about "Trump must be stopped?"You're pretty liberal in your allowances.
I wonder if your opinions have any traction IRL
sureHe is being charged with non-crimes. He should not comply. They are violating his rights.
okThe problem is how broadly they try to stretch the definition of those words as a means to violate his rights. I hope Trump force's their hand by ignoring the judges order and continues to do what he has been doing.
That made no sense at all.It's always a free speech issue when a court prohibits or tries to prohibit someone from speaking. That doesn't mean the Court can't prohibit certain things. It just means that when dealing with speech, it's always a free speech issue.
Yeah. Courts restrict the 1st amendment all the time on defendants before trial. And the 2nd. And others. Don't know why that's suddenly an issue for them with this one defendant.That made no sense at all.
How so? Do you think Pence should be able to call Trump a danger to America while the campaign is going? What about "Trump must be stopped?"
He is being charged with non-crimes. He should not comply. They are violating his rights.
Just ask Darrel Brooks or Trevor Summers.Yeah, that's the ticket.
Excellent advice.
Don't comply, Trump.
Willful non-compliance is always is the best practice for dealing with the American legal system as a defendant.
It'll work out great.
Willful non-compliance is always so much better than trying to work things out legally.
These sorts of restrictions are not new, they're quite common in fact. Witness intimidation and tampering isn't free speech. This is all part of due process, which is the system we use to allow government to limit rights. But that being said, witness intimidation and tampering isn't part of free speech.It's always a free speech issue when a court prohibits or tries to prohibit someone from speaking. That doesn't mean the Court can't prohibit certain things. It just means that when dealing with speech, it's always a free speech issue.
.......and some Trump supporters see no wrong not matter what he does, no matter what he says....they see no bad intent intent. We'll see how the jury sees it.I agree the judge shouldn't move on language like that. But, Trump's opponents think everything the guy says is an intimidation. Calling someone on the phone and asking a question is, to a Trump opponent, an intimidation when Trump does it.
Free speech
No he's using 'free speech' as a crutch in the court of public opinion because he knows the suckers will fall for it.Yep, and this will become the biggest battle and topic of every Trump situation - and a very worthwhile battle it will be. I won't be at all surprised to see SCOTUS in the mix along the way. I think the First Amendment will loom very large over the next year or so - likely time and time again.
The state judge overseeing former President Trump’s Georgia case ruled that cameras will be allowed in the courtroom for the defendants’ arraignments, marking the first time that one of Trump’s criminal proceedings will be televised.
Fulton County Superior Court Judge Scott McAfee on Tuesday granted a request from four local television stations to bring in live cameras and other recording devices in his courtroom through Sept. 8.
Fulton County District Attorney Fani Willis (D) is seeking to hold the arraignments for all the defendants the week following Labor Day, which would fall within that window. If the timeline is delayed, however, McAfee’s order would expire.
McAfee’s order does not indicate whether cameras will be allowed during a trial or any other future proceedings in the case.
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