Melber Presents & Interprets the Transcript of Judge Merchan's Protective Order & Legal Instructions

[ancianita]

Last edited Thu Apr 6, 2023, 06:44 AM - Edit history (2)

A "please don't" is a "legal instruction" from a criminal court judge.

When directly questioned, Tacopino did not answer on TV that he and the team followed the judge's instructions to "talk to your client" after the judge instructed their client to "...refrain from making comments or engaging in conduct that has the potential to incite violence, create civil unrest, or jeopardize the safety or well-being of any individuals. Do not engage in words or conduct that jeopardizes the rule of law, particularly as it applies to these proceedings in this courtroom."

It's one thing for Trump's family or friends to not be bound by this judge, it's another thing for Trump to refuse -- through a planned speech -- to not follow the explicit instructions. That Maralago arraignment day speech's "potential to incite or ..." has been proven to be exactly what the judge told Trump not to do.

What will Judge Merchan do now -- allow Trump and his lawyers more freedom to undermine the court and rule of law? If Merchan does nothing, it looks as if "some things are going to happen" between now and Dec 4 to do just that.

[Auggie]

1. Thank you for sharing (n/t)

[ancianita]

2. Thanks for looking.

[Bernardo de La Paz]

3. As I understand it, it was a request, not an order, but the type of request that precedes an order

In other words, if the rump does not respect it, it might be followed by a formal order, but Dershowitz would litigate that to death.

That Dershowitz is not litigating on it is a big tipoff that it is NOT a formal order.

One thing I am sure of, I am not a lawyer.

[ancianita]

4. That's how I've understood it, too. It's the absolute air tight kind of due process that's required

Of course it's still considered "legal instruction" which is not a formal order. Yet.

I didn't know Dershowitz is on the team. Hm. I'll check into that some more.

No lawyer, either. But we're getting better legal information from MSNBC lawyers than most news tv viewers.

[Trueblue Texan]

5. I don't think Dershowitz is on the team...

He was quoted yesterday that he thought TFG would be convicted. That would never happen if he was on the team.

[Bernardo de La Paz]

6. He has said he'd join the team for 1A issues if there is a gag order. . . . nt

[ancianita]

7. Dershowitz also said that Merchan won't care if the gag order is appealed or removed.

But he said that before the arraignment. And given Trump's acknowledgement of the ample due process and instructions, perhaps there is a way this gag order can be upheld, since it's likely that Trump lawyers failed to instruct their client.

I wonder what Laurence Tribe would say about all this.