this post was submitted on 08 Aug 2023
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While I think plenty of people have been standing up to him, it’s good to see someone like Jack Smith put a name to what Trump has been doing.
Trump’s strategy is to conflate the legal battles and the political battles, all the while having them reinforce each other. I wonder what a gag order would do to this strategy?
There has to be a gag order in this eventually. Fucking Trump can't help himself talking about his legal woes.
Whatever order comes down - protective, gag, or other - my main curiosity is "What happens when Trump disobeys that order?"
Yes, his tack here is to muddle legal with political, but his foundational approach to everything is "I'm going to do whatever I want, I dare you to stop me or apply any sort of real consequence."
Whatever happens when Trump disobeys the judge's order will be the canary in the coal mine, not just for this case, but for the literal future of the nation, and quite possibly the world.
That might work in civil suits. In criminal court, thumbing your nose at the rules is not going to fly. He will be admonished admonished once.
This is a few months old and talking about NYC instead of DC but still relevant:
https://www.gjllp.com/news/what-is-a-gag-order-and-what-happens-when-trump-violates-it/