FROLITICKS

Satirical commentary on Canadian and American current political issues

Gag Orders by Judges Against Trump Just Par for the Course

The latest gag order on April 4th against Donald Trump was issued by State Justice Juan Merchan, who will preside over his trial in New York state court in Manhattan.  The trial is over criminal charges of covering up a $130,000 payment before the 2016 election to porn star Stormy Daniels to buy her silence about an alleged sexual encounter.  The trial is now set to begin on April 15th.  The judge expanded an existing gag order that had barred Trump from publicly commenting about witnesses and court staff to make clear that it also applies to family members.  He did so after Trump disparaged Merchan’s daughter who worked as president of Authentic Campaigns, a firm Vice President Kamala Harris used for digital fundraising and advertising during her presidential campaign.  Judge Merchan asserted that “It is no longer just a mere possibility or a reasonable likelihood that there exists a threat to the integrity of the judicial proceedings. The threat is very real.”

At this time, the looming hush-money trial, one of four criminal cases Trump is confronting ahead of the U.S. election, is the most important one.  It could be the only one to reach trial before the election.  Trump has pleaded not guilty to all and has called them politically motivated.  Furthermore, given the charges against him, Trump will have to be present during this trial.

Trump posted on his Truth Social platform that it would be a great honor to go to jail for violating the gag order imposed by the judge.  What is more ridiculous, he has compared himself to a modern day Nelson Mandela, the South African leader and anti-apartheid activist who spent 27 years in prison for his opposition to apartheid.  Unbelievable!  Mandela passed away in 2013, partly as a result of his poor health condition attributed to his time in prison.  Globally, Mandela was given over 250 awards, accolades, prizes, honorary degrees and citizenships in recognition of his political achievements, including the Nobel Peace Prize.  Trump’s mere comparison to Nelson Mandela is an insult to his very memory and legacy!

While in office and now as part of his campaigning, Donald Trump has disparaged the traditional Republican support for law and order matters.  Attacking the judicial system and those responsible for carrying out their judicial responsibilities is an affront to all Americans.  This is nothing more than a political stunt which unfortunately few Republicans appear to discredit.  In particular, attacks of any kind upon jurists undermine our respect for our courts and our legal processes.

I’m certain the Trump’s lawyers are not happy with his public outbursts against judges as it may affect the general mood of the courts in their deliberations.  Not a good idea!  If there are any improper actions by judges or court officials, including prosecutors, then the system provides for the applicable investigation and appropriate responses.  Trump is also separately calling on Justice Merchan to recuse himself from the case, similar to his first recusal motion more than 10 months ago.  The court previously considered and rejected that motion and is likely to do so once again.

In the past week, in another unorthodox move, Trump’s lawyers indicated that they plan to file a type of lawsuit against the Justice Merchan.  Such an unusual move is essentially an appeal in the form of a suit, and is unlikely to succeed, particularly so close to trial date.  Legal experts note that actions against judges are unusual.  However, this is not Trump’s first attempt to use that tactic to try to delay a trial.  Last year, he sued the New York judge presiding over his civil fraud trial — an effort the appeals court ultimately rejected.

It is obvious that the former president, who unfortunately is again the presumptive Republican presidential nominee, is aiming to push all four of his criminal cases past Election Day next November.  In light of his continuing desperate and unethical conduct, Trump is not doing himself or the Republican Party any favours. 

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