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Captain_Maclaine
Sep 30, 2001

Every moment that I'm alive, I pray for death!

Nitrousoxide posted:

https://en.m.wikipedia.org/wiki/Kevin_Mitnick was thrown in solitary because the government thought he could launch nukes by whistling into the prison payphone.

It also got recycled as a call-in for the conspiracy show on West Coast Talk Radio in Grand Theft Auto: San Andreas.

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Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

Fart Amplifier posted:

Judges don't get to just call someone to court daily to yell at them

I mean if they want to they can

If the judge says frog you start jumping.

BiggerBoat
Sep 26, 2007

Don't you tell me my business again.

Judgy Fucker posted:

I just don’t know how deep that messaging would penetrate in society. Yeah Newsmax addicts would believe and parrot that poo poo but the 50-60% of Americans totally checked out from politics would either not understand what any of that means and/or not care, let alone the people who do know and would see through the obvious bullshit.

Maybe, but they do it with every blatantly obvious MAGA mass shooter who had diaries and FB posts talking about liberals and queers being satanic demons sent from hell to drink the blood of babies in underground pizza parlors and, similarly, work very hard to paint any of them as far left radicals when they discover one of them voted for Al Gore or some poo poo.

Then they accuse the mainstream media of automatically assuming that the guy from Oklahoma with a noose hanging from his rear view mirror and a Lock Her Up Hillary Clinton bumper sticker that went on to shoot up an abortion clinic is automatically a Trump supporter. Even when the killer SAYS and demonstrably proves that they're a MAGA CHUD bent on murdering people, at best they'll ignore it.

These are the people that shot all over David Hogg and the kids who spoke up in the wake of surviving the Parkland massacre and had the temerity to suggest we should do something about guns. They're also the ones who tried to re-frame the motivations of the Pulse Night Club killer and the maniac in Las Vegas.

It doesn't have to penetrate THAT deep. Just deep enough to keep people from ignoring the obvious problem, doing anything about it and swing enough swing states red, as we've seen with the Electoral College.

I quite FB in part because I saw people calling Hogg and Jaclyn Corin "disgusting human beings" and just couldn't take it.

Charlz Guybon
Nov 16, 2010
Just daring the judge to gag him
https://twitter.com/Acyn/status/1687993694937653248

Paracaidas
Sep 24, 2016
Consistently Tedious!

Charlz Guybon posted:

Just daring the judge to gag him
... for what? What in that clip went against the judge's instructions or is otherwise so disruptive or dangerous as to require prior restraint?

Nitrousoxide
May 30, 2011

do not buy a oneplus phone



Judges are generally VERY averse to restricting the freedom of defendants to speak on their case for obvious first amendment reasons.

Murgos
Oct 21, 2010
So, about that protective order…



Pence is a witness.

Murgos fucked around with this message at 03:36 on Aug 6, 2023

Main Paineframe
Oct 27, 2010

Murgos posted:

So, about that protective order…



Pence is a witness.

I don't believe any of the judges in any of his cases have ordered that Trump is not allowed to tweet about people who also happen to be witnesses.

He's been ordered to not directly communicate with witnesses in at least one of his court cases, and the government is asking for (but hasn't yet received) an order prohibiting him from tweeting out the stuff he gets in discovery, but that's it.

Charlz Guybon
Nov 16, 2010

Paracaidas posted:

... for what? What in that clip went against the judge's instructions or is otherwise so disruptive or dangerous as to require prior restraint?
My understanding is that you can't threaten or impugn the integrity of the prosecutor or witnesses in a case.

StumblyWumbly
Sep 12, 2007

Batmanticore!
So, his tweet is fine as long as he didn't tell Pence "If I think you're going to testify against me, I will rail against you and damage your standing with Republicans."

I think we're early yet, but at some point this is going to become "Can someone rid me of this meddlesome Pence (et al)"

zzyzx
Mar 2, 2004

Charlz Guybon posted:

My understanding is that you can't threaten or impugn the integrity of the prosecutor or witnesses in a case.

He can't e.g. intimidate witnesses or threaten or incite, but he can poo poo-talk the prosecutor and deny saying things to Mike Pence if he wants to. The protective order would only prevent him from sharing certain information he gets in discovery that's not meant to be public.

His lawyers will write down each time they tell Trump to shut up, and the government gets to use whatever he says when he ignores them and incriminates himself.

Vino
Aug 11, 2010
If you combine it with previous statements it could look like witness intimidation. It looks like this

Statement 1: “would my followers kindly attack my enemies”
Statement 2: “Mike pence is my enemy”

These statements are separated by a lot of time but trump has essentially made both of them.

I dunno if the connection is strong enough for the court to do anything about it though.

cant cook creole bream
Aug 15, 2011
I think Fahrenheit is better for weather
"I once read a major magazine article on Mike. It said he was not a very good person." Master of rhetoric.

The Question IRL
Jun 8, 2013

Only two contestants left! Here is Doom's chance for revenge...

The comment about Pence or Jack on their own might be okay.

But when taken as a whole and combined with the Government taking the step of seeking a Protective Order, they are the sort of posts that absolutely should fall afoul of that order.

Vino
Aug 11, 2010
I feel like nobody has made the point that Trump was in office for four years and was never able to get a single indictment on any of his political enemies despite being in control of the DoJ. So maybe four indictments on him as soon as he leaves office aren't politically motivated by the deep state as Fox claims but are just because he, you know, did crimes.

Ravenfood
Nov 4, 2011

Vino posted:

I feel like nobody has made the point that Trump was in office for four years and was never able to get a single indictment on any of his political enemies despite being in control of the DoJ. So maybe four indictments on him as soon as he leaves office aren't politically motivated by the deep state as Fox claims but are just because he, you know, did crimes.

Fox's rebuttal is the very obvious "the Deep State DoJ prevented Trump from rightfully indicting his political enemies. The proof is that as soon as he left office he was indicted for nothing, but while he was in office the DoJ refused to indict [imaginary Democrat crime de jour]"

Just start from the assumption that strong daddy Trump is never wrong, always the best, picks the best advisors, and somehow is simultaneously surrounded by a sea of advisors hell-bent on bringing him down through malice or incompetence.

Ravenfood fucked around with this message at 12:16 on Aug 6, 2023

Clarste
Apr 15, 2013

Just how many mistakes have you suffered on the way here?

An uncountable number, to be sure.
The very idea of the deep state is an excuse for why the government was still bad even when Trump was nominally in control. Which is of course why you should reelect him so he can dismantle it!

Judgy Fucker
Mar 24, 2006


Big, if true

InsertPotPun
Apr 16, 2018

Pissy Bitch stan

Clarste posted:

The very idea of the deep state is an excuse for why the government was still bad even when Trump was nominally in control. Which is of course why you should reelect him so he can dismantle it!
yeah, it's an entire gigantic, worlds spanning conspiracy theory just to explain why the big, flawless, genius trump kinda seems to be an ineffective idiot

Inferior Third Season
Jan 15, 2005

Sounds like he did a pretty poo poo job at draining the swamp.

Nervous
Jan 25, 2005

Why, hello, my little slice of pecan pie.

Inferior Third Season posted:

Sounds like he did a pretty poo poo job at draining the swamp.

He just left tons of floaters for the DOJ to fish out.

Main Paineframe
Oct 27, 2010

The Question IRL posted:

The comment about Pence or Jack on their own might be okay.

But when taken as a whole and combined with the Government taking the step of seeking a Protective Order, they are the sort of posts that absolutely should fall afoul of that order.

No, because the protective order the government asked for (which has not yet been granted) would not prohibit him from criticizing witnesses or the prosecutor. It would prohibit him from tweeting out privileged info he gains in discovery (which is something he's not supposed to do anyway, this just makes it absofuckinglutely clear).

Vino posted:

If you combine it with previous statements it could look like witness intimidation. It looks like this

Statement 1: “would my followers kindly attack my enemies”
Statement 2: “Mike pence is my enemy”

These statements are separated by a lot of time but trump has essentially made both of them.

I dunno if the connection is strong enough for the court to do anything about it though.

Mike Pence is Trump's enemy, though. To be specific, Mike Pence is running against Trump in the 2024 Republican primary, and is thus one of Trump's opponents. Given that strong legitimate reason for Trump to publicly criticize Pence, the court is not going to ban Trump from publicly criticizing Pence.

Madkal
Feb 11, 2008

Fallen Rib
I'm all for giving people the benefit of the doubt but Trump definitely isn't someone who needs benefit of the doubt. This feels like Republican apologists trying to decipher what Trump meant when he usually comes out and says it.

Saying Pence is Trump's political enemy is just making excuses for someone who has been unsubtly calling for the punishment of someone who he thinks has betrayed for the past 3 years is missing the mark. Trump isn't making these remarks because he thinks he is campaigning against Pence. He is making these remarks because he thinks Pence is betraying him (again).

gregday
May 23, 2003

https://twitter.com/RonFilipkowski/status/1688214998282027009

Quorum
Sep 24, 2014

REMIND ME AGAIN HOW THE LITTLE HORSE-SHAPED ONES MOVE?

Very powerful grounds, the darkest roast you've ever seen, everyone is saying they've never had such incredible coffee

Main Paineframe
Oct 27, 2010

Madkal posted:

I'm all for giving people the benefit of the doubt but Trump definitely isn't someone who needs benefit of the doubt. This feels like Republican apologists trying to decipher what Trump meant when he usually comes out and says it.

Saying Pence is Trump's political enemy is just making excuses for someone who has been unsubtly calling for the punishment of someone who he thinks has betrayed for the past 3 years is missing the mark. Trump isn't making these remarks because he thinks he is campaigning against Pence. He is making these remarks because he thinks Pence is betraying him (again).

I'm saying it because that's the level of benefit of the doubt the court is going to give him. No judge is going to ban him from publicly attacking his opponent in the election. They might ban him from using privileged information obtained during discovery to do it, but if Trump does somehow manage to get burned for witness intimidation, it's most likely going to be for private messages to Pence's team, not public rhetoric. Unless he posts an explicit, direct call to violence, with no wiggle room.

Paracaidas
Sep 24, 2016
Consistently Tedious!

Charlz Guybon posted:

My understanding is that you can't threaten or impugn the integrity of the prosecutor or witnesses in a case.
There's a massive gap between "threaten" and "impugn the integrity". A helpful and oversimplified rule of thumb is that if you think a law/order/ruling prevents criticism of the government or a government official, you're wrong. There are exceptions, and those exceptions usually have to be written to meet the standard of strict scrutiny: Is this accomplishing its goal in the least restrictive way possible?

If such a restriction is placed on Trump, you won't have to guess because it'll get in front of the Supreme Court in record time. As it should!

Vino posted:

I dunno if the connection is strong enough for the court to do anything about it though.
Similarly, and particularly in a case involving a presidental candidate, if there's a question about if something qualifies as a threat or as intimidation then it probably doesn't.


The Question IRL posted:

The comment about Pence or Jack on their own might be okay.

But when taken as a whole and combined with the Government taking the step of seeking a Protective Order, they are the sort of posts that absolutely should fall afoul of that order.
I blame the dogshit reporting more than I blame you, but this has nothing to do with the protective order (outside of being communication about the case regardless of topic). The tl;dr on the order is that it protects information provided by the US in discovery.

quote:

No Limit on Already Possessed or Public Documents
1. This Order does not apply to records that are publicly available independent of the Government’s productions, nor does it apply to records which the defendant or defense counsel came into possession by independent means, unrelated to the discovery process.

All Materials
2. All materials provided by the United States in preparation for, or in connection with, any stage of this case (“the Materials”) are subject to this protective order (“Order”) and may be used by the defendant and defense counsel (defined as counsel of record in this case) solely in connection with the defense of this case, and for no other purpose, and in connection with no other proceeding, without further order of this Court.

3. The defendant and defense counsel shall not disclose the Materials or their contents directly or indirectly to any person or entity other than persons employed to assist in the defense, persons who are interviewed as potential witnesses, counsel for potential witnesses, and other persons to whom the Court may authorize disclosure (collectively, “Authorized Persons”). Potential witnesses and their counsel may be shown copies of the Materials as necessary to prepare the defense, but they may not retain copies without prior permission of the Court.
4. The defendant, defense counsel, and Authorized Persons shall not copy or reproduce the Materials except to provide copies of the Materials for use in connection with this case by the defendant, defense counsel, and Authorized Persons. Such copies and reproductions shall be treated in the same manner as the original. The defendant, defense counsel, and Authorized Persons shall not disclose any notes or records of any kind that they make in relation to the contents of the Materials, other than to Authorized Persons, and all such notes or records are to be treated in the same manner as the original.
5. Before providing any of the Materials to an Authorized Person(s), defense counsel must provide the Authorized Person(s) with a copy of this Order and the Authorized Person(s) must agree to abide by this order.
6. Upon conclusion of all stages of this case, all the Materials and all copies made thereof shall be destroyed or returned to the United States, unless otherwise ordered by the Court. The Court may require a certification as to the disposition of the Materials.
7. The restrictions set forth in this Order do not apply to documents that are or become part of the public record, including documents that have been received in evidence at other trials, nor do the restrictions in this Order limit defense counsel in the use of the Materials in judicial proceedings in this case, except as described below.

Sensitive Materials
8. The United States may produce sensitive materials to defense counsel, including the below materials (“Sensitive Materials”):
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.

The Government shall indicate to defense counsel, in discovery correspondence or otherwise, which materials constitute Sensitive Materials prior to or concurrent with disclosure.
9. Except as provided in this Order, without prior notice to the United States and authorization from the Court, no Sensitive Materials, or information contained therein, may be disclosed to any person other than the defendant, defense counsel, persons employed to assist the defense, or the person to whom the sensitive information solely and directly pertains.
10. Sensitive Materials must be maintained in the custody and control of defense counsel. Defense counsel may show Sensitive Materials to the defendant as necessary to assist in preparation of the defense, but defense counsel may not provide a copy of Sensitive Materials to the defendant. Moreover, if defense counsel does show Sensitive Materials to the defendant, defense counsel may not allow the defendant to write down any personally identifying information as identified in Federal Rule of Criminal Procedure 49.1 that is contained in the Sensitive Materials. If the defendant takes notes regarding Sensitive Materials, defense counsel must inspect those notes to ensure that the defendant has not copied down personally identifying information as identified in Federal Rule of Criminal Procedure 49.1.
11. The parties may include designated Sensitive Materials in any public filing or use designated Sensitive Materials during any hearing or the trial of this matter without leave of Court if all sensitive information is redacted. No party shall disclose unredacted Sensitive Materials in open court or public filings without prior authorization by the Court (except if the defendant chooses to include in a public document Sensitive Materials relating solely and directly to the defendant’s personally identifying information). If a party includes unredacted Sensitive Materials in any filing with the Court, they shall be submitted under seal.
12. Any filing under seal must be accompanied by a motion for leave to file under seal as required by Local Rule of Criminal Procedure 49(f)(6)(i).
Scope of this Order
13. Modification Permitted. Nothing in this Order shall prevent any party from seeking modification of this Order or from objecting to discovery that it believes to be otherwise improper.
14. No Waiver. The failure by the United States to designate any of the Materials as “Sensitive” upon disclosure shall not constitute a waiver of the United States’ ability to later designate the Materials as Sensitive.

Murgos
Oct 21, 2010

Paracaidas posted:

There's a massive gap between "threaten" and "impugn the integrity". A helpful and oversimplified rule of thumb is that if you think a law/order/ruling prevents criticism of the government or a government official, you're wrong. There are exceptions, and those exceptions usually have to be written to meet the standard of strict scrutiny: Is this accomplishing its goal in the least restrictive way possible?


You aren’t wrong but Trump posts things and people act on his inferences. He is inciting violence against Pence, Jack Smith and the Judge and “well he gets to do it because he says it just barely indirectly then whelp nothing can be done” is a dumb answer.

Main Paineframe
Oct 27, 2010

Murgos posted:

You aren’t wrong but Trump posts things and people act on his inferences. He is inciting violence against Pence, Jack Smith and the Judge and “well he gets to do it because he says it just barely indirectly then whelp nothing can be done” is a dumb answer.

No, he's criticizing those people and saying he doesn't like them. The fact that he has fanatical followers who might attack whoever he doesn't like doesn't automatically mean that it's incitement to violence if he says he doesn't like someone.

Paracaidas
Sep 24, 2016
Consistently Tedious!

Murgos posted:

You aren’t wrong but Trump posts things and people act on his inferences. He is inciting violence against Pence, Jack Smith and the Judge and “well he gets to do it because he says it just barely indirectly then whelp nothing can be done” is a dumb answer.
We've just seen 4 years of retribution and legal harassment come to an end with nothing more than a whimper as Durham continued his streak of abject failure. It was the work of an immoral, incompetent scumbag and I'm glad that the victims of his unethical prosecution were able to describe it as such. It should also not be lost that even under the status quo, Republicans were able to abuse the federal government to punish dissent and its own enemies for obviously corrupt purpose.

I don't know how anyone who has lived through that and seen the generally godawful American justice system can decide that the issue is that the scales are too tipped towards the accused and we need to take more rights away before conviction.

"We all know what's really happening" is a uniquely dogshit reason to strip civil rights from the accused and it doesn't stop being grotesquely authoritarian bullshit just because you really, really don't like Trump.

Main Paineframe posted:

No, he's criticizing those people and saying he doesn't like them. The fact that he has fanatical followers who might attack whoever he doesn't like doesn't automatically mean that it's incitement to violence if he says he doesn't like someone.
I figured Smith's reminder about the first amendment and his distinctions about legal speech was anticipating the cavalcade of right wing bullshit we've seen. I underestimated the degree to which the reminder was needed across the political spectrum.

Murgos
Oct 21, 2010
You’re arguing the general case when what’s clearly at issue is a specific actor with a long established past history. It’s disingenuous.

Generally, yes, people should be given the benefit of the doubt that they aren’t actually trying to get someone killed by tweeting about them. However, we have years of evidence that Trump is actually trying to influence people to cause violence with his actions.

Telling him, specifically Trump, that he can not post about the people who are witnesses against him or officials performing their required duties isn’t the end of rule of law. He’s not losing some fundamental specialness by not being able to direct stochastic terrorism.

PhantomOfTheCopier
Aug 13, 2008

Pikabooze!
There's also a difference between Pence and DeSantis, for example, because one is (we assume) a witness in the trial and the other is merely a political opponent. Having an order restricting public comments about Pence may well be judicially prudent though, by contrast, there's very little reason to justify a gag order against DeS comments. Claiming that one is a presidential candidate carries, as far as I know, no legal precedent of blanket protections in the legal process (except the de facto position of the DOJ before election, from which T has already benefited).

Rocko Bonaparte
Mar 12, 2002

Every day is Friday!

Main Paineframe posted:

I'm saying it because that's the level of benefit of the doubt the court is going to give him. No judge is going to ban him from publicly attacking his opponent in the election. They might ban him from using privileged information obtained during discovery to do it, but if Trump does somehow manage to get burned for witness intimidation, it's most likely going to be for private messages to Pence's team, not public rhetoric. Unless he posts an explicit, direct call to violence, with no wiggle room.

Now I'm more convinced he's going to unequivocally blab. This is a guy who is also on the hook for taking classified information and then flaunting it all over the place. The dude just can't shut up about that stuff. So he'll find something out and he won't be able to resist.

I don't know why this post particularly did it, but after the whole exchange, I got to here and was just like, "well, here we go."

The Artificial Kid
Feb 22, 2002
Plibble

PhantomOfTheCopier posted:

There's also a difference between Pence and DeSantis, for example, because one is (we assume) a witness in the trial and the other is merely a political opponent. Having an order restricting public comments about Pence may well be judicially prudent though, by contrast, there's very little reason to justify a gag order against DeS comments. Claiming that one is a presidential candidate carries, as far as I know, no legal precedent of blanket protections in the legal process (except the de facto position of the DOJ before election, from which T has already benefited).
Yeah I'm a presidential candidate. I'm not sure yet whether I'm going to make it past the constitutional restrictions about citizenship and so forth, I believe I was born and have lived my whole life overseas apart from a few weeks when I returned to America on a tourist visa, I'm having my people look into that. But please take my candidacy into account if you're considering infringing my liberty in any way.

GlyphGryph
Jun 23, 2013

Down came the glitches and burned us in ditches and we slept after eating our dead.

Main Paineframe posted:

No, he's criticizing those people and saying he doesn't like them. The fact that he has fanatical followers who might attack whoever he doesn't like doesn't automatically mean that it's incitement to violence if he says he doesn't like someone.

"If you go after me, I'm coming after you" is not a criticism, though - it is, very explicitly and without ambiguity, a threat, and it's what kicked this conversation off.

Zamujasa
Oct 27, 2010



Bread Liar
As someone with no legal experience and no real horse in this fight beyond wishing Trump eats poo poo and dies at some point in the hopefully near future, the idea that we shouldn't be able to stop a single person, with a known history of trying to incite violence, because "well, slippery slope!" is bullshit. The man literally tried to goad people into murdering Pence and incited a failed coup that directly put Congress lives in danger.

We're not playing with Timmy Noname here, this is Donald J loving Trump. He knows exactly what he's doing, he knows that he has insane supporters looking for any reason to go violent. Getting him to shut the gently caress up and stop making thinly-veiled threats shouldn't be controversial.

Captain_Maclaine
Sep 30, 2001

Every moment that I'm alive, I pray for death!

Main Paineframe posted:

Unless he posts an explicit, direct call to violence, with no wiggle room.

So, one week? Two at most?

H.R. Hufflepuff
Aug 5, 2005
The worst of all worlds

Captain_Maclaine posted:

So, one week? Two at most?

I admire your optimism

Charliegrs
Aug 10, 2009
We haven't even begun to see how bad Trump's intimidation tactics can get.

Wait until a Jury is selected. Especially in the DC case. And if that jury delivers a guilty verdict, God help them because they will target #1 for the maga crazies. And if Trump gets re-elected then they are doubly screwed when the actual real life weaponized DOJ goes after them.

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Xiahou Dun
Jul 16, 2009

We shall dive down through black abysses... and in that lair of the Deep Ones we shall dwell amidst wonder and glory forever.



I think the more interesting question is :

Pretty much all bail is dependent on the person not doing additional crimes, right? So far all the indictments have been for crimes in the past, but what happens when Trump does a crime?

He's going to do a bunch of crimes, we can take that as a given. He seems to judge exude them, and he has ample incentive to do more now. So the next time he gets his hand caught in the cookie jar, is a judge actually going to revoke his bail or is the entire might of the US Justice System just passing out wolf tickets?

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