HisArpy
Loose canon extraordinair
- Joined
- Jul 30, 2016
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https://www.forbes.com/sites/alison...y-witnesses-after-conviction/?sh=516f9b6b5ee4
Key FACTS:
Judge Juan Merchan imposed a gag order in March that bars Trump from speaking publicly about jurors, witnesses, prosecutors and others involved in the case, as well as their family members—which the ex-president has subsequently violated 10 times.
Merchan did not lift the order after the jury announced its verdict on Thursday, and Trump noted Friday in a press conferencehe’s still “under a gag order.”
Legal expert Norm Eisen said on a call with reporters Friday that “risk continues for the witnesses” and jurors in the case, given the threats or harassment they could face as a result of their verdict and testimony, predicting, “I don’t think the judge is going to be quick to remove that gag order.”
It’s unclear how long the gag order could stay in place: Eisen predicted it would not remain permanently, and retired New York state Judge Michael Obus told reporters he doesn’t believe the gag order will last past Trump’s sentencing on July 11, as at that point, “the case would be over.”
Trump suggested Friday he could try to fight the gag order if it stays in place for much longer, saying, “We’ll play that game a little bit longer.”
Even if the gag order is lifted, Obus told reporters Friday it’s likely Merchan would impose a new order that ensures jurors’ identities remain private.
After the verdict is announced, the trial court only has limited jurisdiction remaining. Jurisdiction which is limited to sentencing and any post-trial motions.
As to this specific argument regarding the order: in part Merchan imposed a gag order to prevent Trump from speaking about the jurors. Once the verdict was reached, the jury was dismissed. Accordingly there are NO JURORS any longer. To require that Trump adhere to a gag order for something nonexistent is silly.
Another example is that the gag order prohibits Trump from talking about court staff/other people while the trial is ongoing. Once the verdict was reached there is no ongoing trial any longer. Thus the premise of the order fails.
And of course there's that limit on jurisdiction thing. Once the verdict was reached jurisdiction became limited to only those things allows post trial. Gag orders aren't part of the things allowed.
Any order hiding the jurors names is illegal.