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Ohio Joe

(21,898 posts)
Fri Aug 11, 2023, 04:28 PM Aug 2023

tfg's protective order posted online - Update - My thoughts added after reading

You can see it here:

https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.28.0_3.pdf

It's only a few pages, I'm reading it now.

Edit - This is a really simple order... Don't talk about/reveal anyone related to the case... Don't talk about/reveal any 'sensitive materials' related to the case. Sensitive materials are:

a. Materials containing personally identifying information as identified in Federal
Rule of Criminal Procedure 49.1;
b. Rule 6 materials, including grand jury subpoena returns, witness testimony, and
related exhibits presented to the grand jury;
c. Materials obtained through sealed search warrants and 2703(d) orders;
d. Sealed orders obtained by the Government’s filter team related to this case;
e. Recordings, transcripts, interview reports, and related exhibits of witness
interviews; and
f. Materials obtained from other governmental entities.

Once something is entered into evidence it becomes public and can then be discussed. Pretty damn simple. The one thing I'd like to know that is not covered is the penalty progression for violations but... That is not in there... He will violate the order, of that there is no doubt (has it happened yet?) So... We'll see what happens.

24 replies = new reply since forum marked as read
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tfg's protective order posted online - Update - My thoughts added after reading (Original Post) Ohio Joe Aug 2023 OP
Thank you. emulatorloo Aug 2023 #1
Standard order of protection. No jail..wasn't asked for. Alexander Of Assyria Aug 2023 #2
What do you mean by "a standard order" and "no jail?" LAS14 Aug 2023 #3
Social media is not a good place for legal opinion... evidence protection order is not a threat. Alexander Of Assyria Aug 2023 #5
Then nothing happens if Trump defies the order? nt LAS14 Aug 2023 #6
Jack can answer that if and when and will. Alexander Of Assyria Aug 2023 #7
It's up to the judge Fiendish Thingy Aug 2023 #12
Protective orders are standard in any case in which sensitive information is expected Ms. Toad Aug 2023 #19
Future rulings DUgosh Aug 2023 #8
financial penalties are meaningless swong19104 Aug 2023 #10
Uh, yeah, he will pay ExWhoDoesntCare Aug 2023 #15
She made it so simple flamingdem Aug 2023 #4
+1. Likely more true than anyone can know. yonder Aug 2023 #9
Is there a betting pool on how quickly and which one he will violate first??? TNNurse Aug 2023 #11
Yup. I give him 10 minutes. Joinfortmill Aug 2023 #13
I expect Jack Smith to closely monitor Trump's social media and rally comments Mr. Ected Aug 2023 #14
That's fine. EndlessWire Aug 2023 #23
Sensitive materials ... ? FakeNoose Aug 2023 #16
I doubt that it includes the names of the grand jury. ExWhoDoesntCare Aug 2023 #20
OK I feel better knowing that FakeNoose Aug 2023 #21
understand the materials portion but what about the threats/witness intimidation? Takket Aug 2023 #17
I give him 48 hours before he's violated it. COL Mustard Aug 2023 #18
I'll see your 48 and bet 24 Generic Brad Aug 2023 #22
I'm sure people will be watching COL Mustard Aug 2023 #24
 

Alexander Of Assyria

(7,839 posts)
2. Standard order of protection. No jail..wasn't asked for.
Fri Aug 11, 2023, 04:41 PM
Aug 2023

The law of criminal procedure is predictable, as some have predicted.

The week long caterwauling about contempt and jail was…just that.

LAS14

(15,506 posts)
3. What do you mean by "a standard order" and "no jail?"
Fri Aug 11, 2023, 04:43 PM
Aug 2023

What is the penalty if Trump defies the order?

Other than a speedier trial. I've seen that here and there as something she threatened.

 

Alexander Of Assyria

(7,839 posts)
5. Social media is not a good place for legal opinion... evidence protection order is not a threat.
Fri Aug 11, 2023, 04:47 PM
Aug 2023

Anyone see a threat in this order? Then seeing what you want to see, damn the actual law!

Week long social media demands to jail him! Wasn’t in the legal cards…yet.

Fiendish Thingy

(23,240 posts)
12. It's up to the judge
Fri Aug 11, 2023, 06:52 PM
Aug 2023

She’s not bound by anything in the order, since it is mute on the subject, so she can respond as severely or leniently as she wishes.

When Roger Stone was intimidating witnesses, the judge gradually tightened the screws until she slapped a total gag order on him.

Ms. Toad

(38,643 posts)
19. Protective orders are standard in any case in which sensitive information is expected
Fri Aug 11, 2023, 07:18 PM
Aug 2023

to be disclosed. While contracts (with a lot of very similar provisions) often describe the penalties for violating the provisions, court orders generally do not.

Penalties for violating court orders are set out in the code governing contempt.

DUgosh

(3,140 posts)
8. Future rulings
Fri Aug 11, 2023, 05:32 PM
Aug 2023

Depend on Donnys future behaviors - Judge Chutkan’s ruling can accelerate from this restrictive protective order, to significant financial penalties, to a gag order, and finally a jail cell. Smith can file a motion to review the order after every social media post or rally if need be.

swong19104

(625 posts)
10. financial penalties are meaningless
Fri Aug 11, 2023, 06:39 PM
Aug 2023

he won't pay and they won't have a way to extract the money from him. And even if he were to pay, it would be a pittance compared to the damage done.

 

ExWhoDoesntCare

(4,741 posts)
15. Uh, yeah, he will pay
Fri Aug 11, 2023, 07:09 PM
Aug 2023

Unless he has an active appeal about the fine, he has to pay a court-ordered financial penalty, or go to jail for contempt. When the appeals get turned down (I'm 98% certain it's not an "if" ), then he still has to pay--or go to jail for contempt.

There is no getting around that. He's not playing with a plumber or electrician here. He's up against the federal government, and the federal court system. They have more power and money behind them than he's ever dreamed of, and they will not back down or put up with his nonsense.

He's about to find out what it is to be the guy on the losing end of the court system. And it's gonna hurt. Bad.

Mr. Ected

(9,714 posts)
14. I expect Jack Smith to closely monitor Trump's social media and rally comments
Fri Aug 11, 2023, 07:03 PM
Aug 2023

And to report every single threat and attempt to intimidate witnesses that happens between now and August 28th at the trial date hearing. The more he does now, the more likely the judge will be inclined to accept Smith's January 2nd proffer. If it's egregious, she may even move it up. Preserving the integrity of the trial is her chief concern. The longer this lingers, the more damage Trump will do. Whatever he says right now will come back to haunt him in the end. But don't expect sanctions or detainment. She's going to deliver pain in a way that will really hurt Trump at the end of the day: A speedy trial.

EndlessWire

(8,103 posts)
23. That's fine.
Fri Aug 11, 2023, 08:07 PM
Aug 2023

Jack will need to make a motion to hold him in contempt. Otherwise, nada will happen. Wait until he mean mouths the Judge.

He needs to be jailed.

FakeNoose

(41,639 posts)
16. Sensitive materials ... ?
Fri Aug 11, 2023, 07:11 PM
Aug 2023

Is that referring to the names (or other info) of the grand jury witnesses?

I'm at a loss here, because this trial isn't about the documents he stole and took to Mar-a-Lago.

This trial is specifically about the failed coup and the attempt to stop the Electoral College proceeding on January 6th. There's already been public hearings with the House Select Committee and most of it is already known.

What can Chump do besides attempt to intimidate the witnesses before the actual trial?

 

ExWhoDoesntCare

(4,741 posts)
20. I doubt that it includes the names of the grand jury.
Fri Aug 11, 2023, 07:30 PM
Aug 2023

The order is saying he'll only have access to who and what was presented to the grand jury. He won't have any information about who was serving on it. Grand jury members are not part of the public record. Regular jury members are.

A justifiable concern exists that he will try to tamper with those jury members. Unless something is done to mask the jurors' names and personal information, at least his lawyers will get access to who they are and where they live, which means he'll know the same thing. Without a gag order, I give him five minutes, tops, to post the names on his stupid social media page, so his traitor minions can target those jurors, their families, friends, employers, co-workers and anyone else they can dox for intimidation and harassment.

Chultkan will have to warn him before voir dire that if he releases the name of even one juror--to anyone, he'll go to jail until the trial starts. And then follow through. We all know he's going to reveal the names of all the black jurors, especially, if he gets the chance to do it at all.

FakeNoose

(41,639 posts)
21. OK I feel better knowing that
Fri Aug 11, 2023, 07:38 PM
Aug 2023

Thanks for your explanation.

Since he can't obtain the secret identification of the grand jury witnesses, he can certainly try to intimidate them in general (without naming names) by publicly blowing the dog whistle to his MAGAt hordes. The same horde that has been hounding/stalking other potential witnesses such as Mike Pence and Mark Meadows.

COL Mustard

(8,226 posts)
18. I give him 48 hours before he's violated it.
Fri Aug 11, 2023, 07:14 PM
Aug 2023

He can’t help himself, and besides part of me thinks that he wants to be locked up. It’ll justify his whole schtick about election interference. Plus it’ll enrage his base. And boy are they base.

Generic Brad

(14,374 posts)
22. I'll see your 48 and bet 24
Fri Aug 11, 2023, 07:54 PM
Aug 2023

I would be surprised if he doesn't erupt before dawn tomorrow.

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