A proposed gag order aimed at reining in Donald Trump's incendiary rhetoric puts the judge overseeing his federal election interference case in a tricky positio
by ALANNA DURKIN RICHER and ERIC TUCKER Associated PressFILE - Former President Donald Trump speaks during the Pray Vote Stand Summit, Friday, Sept. 15, 2023, in Washington. n: She must balance the need to protect the integrity of the legal proceedings against the First Amendment rights of a presidential candidate to defend himself in public.
“If we allow that to stop a judge from doing what is called for, that’s a big problem for rule of law. But on the other hand, if I were the judge, I would certainly be thinking about it," she said. A complicating factor is that many of the potential witnesses in the case are themselves public figures. In the case of Trump's vice president, Mike Pence is also running against Trump for the GOP nomination. That could open the door for Trump's team to argue that he should be permitted to respond to public broadsides he sees on television or seek a competitive edge by denouncing a political rival for the White House.
"Especially in this case, where Donald Trump has made it apparent that he will say all kinds of outrageous and vitriolic things about the parties, about the judge, about witnesses unless she acts,” said McQuade, a University of Michigan Law School professor. “So in some ways she has, I think, a responsibility to act here.”
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