Donald Trump has maintained his popularity despite actions that would have destroyed other political figures and many wonder what will cause it to wane. I predict that his political decline will become obvious as he violates current and future gag orders (also called protective orders) and spends time in jail or the equivalent.
It seems inevitable that Trump will violate any gag order that limits his speech or conduct - this petulant child simply lacks self-control and his current statements and actions are becoming more deranged.
Currently, there are 2 gag orders in place and one pending, as discussed below. I suspect that more gag orders will be forthcoming because Trump’s conduct is so offensive and the Judges need not fear being the first to issue such an order.
Gag orders in place:
Colorado: On 22 September 2023, in a civil lawsuit to prohibit Trump from seeking elected political office based on the 14th Amendment, Judge Sarah B. Wallace of the Denver District Court issued this protective order:
No party, including counsel for that party, shall take any action against any other party, counsel for such other party, or any witness that could reasonably be construed as a threat, intimidation, or act of harassment intended to coerce, compel, or adversely influence any such party, counsel, or witness from fully and freely participating in these legal proceedings.
No party, or counsel for such party, shall engage in any conduct that could reasonably be construed as causing any party, counsel, or witness to, in good faith, fear for their personal safety or the safety of their family.
No party, or counsel for such party, may make, issue, or cause to be issued any statement to the media or in public settings, including through social media, that pose a substantial likelihood of material prejudice to this case. This prohibition extends to any party or counsel causing surrogates to make such statements on their behalf.
New York: On 3 October 2023, in a civil fraud lawsuit for inflating the value of his assets, Judge Arthur F. Engoron of the New York Supreme Court issued this gag order:
This morning one of the defendants posted on (a) social media account a disparaging untrue and personally identifying post about a member of my staff. Although I have since ordered the post deleted and apparently it was, it was also emailed out to millions of other recipients.
Personal attacks of any member of my court staff are unacceptable, inappropriate and I will not tolerate them.
Consider this statement an order forbidding all parties from posting, emailing or speaking publicly about any members of my staff. Failure to abide by this … will result in serious sanctions.
Note: in New York State, the Supreme Court is the highest trial-level court for civil cases in the state court system (but still a trial court) and the Court of Appeals is the “court of last resort”, comparable to the Supreme Court in other states and in the federal court system.
It is unclear to me if the Colorado and New York gag orders will continue after the cases have concluded.
Gag order requested:
On 16 October 2023, Judge Tanya Chutkan of the United States District Court for the District of Columbia will hear a motion for a limited gag order against Trump in the January 6 criminal case, which has a trial date of 4 March 2024.
Future cases with trial dates in which gag orders may be requested:
Georgia election interference criminal trial against Kenneth Chesebro and Sidney Powell, trial date 23 October 2023
New York civil defamation case by E. Jean Carroll against Donald J. Trump, trial date 15 January 2024
New York hush money criminal trial against Donald J. Trump, trial date 25 March 2024
Florida document retention criminal trial against Donald J. Trump and Waltine Nauta, trial date 20 May 2024
Future cases with no trial dates set in which gag orders may be requested:
Georgia election interference criminal trial against Donald Trump
Peter Strzok's personal retaliation lawsuit
Trump's lawsuit against Bob Woodward for audiobook
Trump's lawsuit against Mary Trump
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