Wow. Kyle Cheney đŸ§” 1/


This #Trump post about Mark #Meadows is like a checklist of things barred by the (now-suspended) #GagOrder:
1) Direct attack on #JackSmith
2) Calling cooperators “weaklings” and “cowards”
3) Commenting on the substance of Meadows (a known witness’) testimony

Worth noting Trump almost surely has seen Mark Meadows’ grand jury transcript at this point. It’s part of discovery. #legal #TrumpIndictment

@GottaLaff @lisamelton Isn’t this also a clear violation of Trump’s pre trial release conditions? The government can (and should) move to revoke.
@tommyyum You didn't see my thread? @lisamelton @msbellows
@GottaLaff @lisamelton @msbellows I may not have seen it through!
@tommyyum That's why I asked. @lisamelton @msbellows
@GottaLaff @lisamelton @msbellows The issue being discussed was Trump’s clear violations of a gag order issued by Judge Chutkan; my point is that, even though that order has been stayed pending appeal, it looks like Trump’s also violated his pre trial release conditions, which (I imagine) is immediately actionable.
@GottaLaff @lisamelton @msbellows I’m glad Judge Engoran is holding his tiny feet to the fire! 😆

@GottaLaff @tommyyum @lisamelton And (catching up), I'm going to say something we lawyers rarely say:

I don't know.

His conditions of release (which remain in place even if the gag order is stayed) say he "shall not communicate about the facts of the case with any individual known to be a witness, except with counsel or in the presence of counsel."

What I don't know is whether Meadows is formally "known to be a witness" in the court case yet, nor whether the neutral, indirect "meddlesome priest" framing ("it's just a general social media post, not a DM to Meadows") is enough to keep it from being a "communication." So I get to sit back and see what Smith does, just like everyone else in the peanut gallery.

Memorandum in Opposition – #120 in United States v. TRUMP (D.D.C., 1:23-cr-00257) – CourtListener.com

Memorandum in Opposition by USA as to DONALD J. TRUMP re 110 Motion to Stay (Gaston, Molly) (Entered: 10/25/2023)

CourtListener

@tommyyum
1/ Smith's defense of the J6 gag order is as solid as one would expect (thanks for sharing it, @tommyyum!).

A few nuggets follow:
@GottaLaff @lisamelton

1/

2/ First, the English major in me loves this reference (which I myself made a few posts back): "[R]epeated attacks on a perceived adversary are often understood as a signal to act against that person—much like King Henry II’s famous remark, in reference to Archbishop Thomas à Becket, “Will no one rid me of this meddlesome priest?” which resulted in Becket’s murder. See, e.g., United States v. Smallwood, 365 F. Supp. 2d 689, 696 n.14 (E.D. Va. 2005) (explaining the idiom)."

(And the weird English major in me insists on adding that maybe Godot never showed up because an anachronistic follower of Henry II got his Beckets mixed up.)

@tommyyum @GottaLaff @lisamelton

3/ (Legal opinions and briefs used to be rife with literary and historical references like this. I remember, as a baby lawyer, being amazed that an older colleague dared to begin a brief about a gold-mining investment fraud case with the words – centered on the first page! in violation of the official formatting rules! zomg! – "Ah, accurs'd craving for gold! -Virgil".

The humanities help us understand our world, profit from the experiences and insights of our forebears, and serve as a shorthand for quickly communicating complex ideas. We should worry less about whether we're teaching enough STEM, and worry more about whether future techbros will have read enough Bronte.)

Anyway, back to the J6 case...

@tommyyum @GottaLaff @lisamelton

@msbellows @tommyyum @GottaLaff @lisamelton
*nods*
Steeping your argument in the truisms of ancient literature gave it more credibility.
@CassandraVert @tommyyum @GottaLaff @lisamelton Which also was a problem, of course. It's incredibly helpful to have a body of shared culture: a certain understanding of history, literary works, etc. that every educated person knows and that can be referred to readily. But who chooses that corpus?
@msbellows @CassandraVert @GottaLaff @lisamelton “Therefore, Ananda, be a lamp unto yourself; be a refuge to yourself. Take yourself to no external refuge. Hold fast to the Truth as a lamp; hold fast to the Truth as a refuge.” — Mahaparinibbana Sutta