I agree. The government should have a right to a fair trial followed by a speedy conviction and a life sentence.
Judge Tanya Chutkan, an Obama appointee, is back to reinterpreting the First Amendment with her unconstitutional gag orders on the former president.
Previously, she claimed that, “Mr. Trump, like every American, has a First Amendment right to free speech. But that right is not absolute.”
Now she has doubled down on it, arguing that, “The First Amendment rights of participants in criminal proceedings must yield, when necessary, to the orderly administration of justice. And contrary to Defendant’s argument, the right to a fair trial is not his alone, but belongs also to the government and the public.”.
The right to a fair trial comes from the Sixth Amendment which states that, “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.”
This is a means of protecting criminal defendants, not the government.
The presumption is that the criminal defendant needs to have his right to a fair trial protected, not the government. The government holds the ‘high ground’ already. The right to a fair trial belongs to the defendant. But one of the marked features of the postmodern left is the reversal of former rights between the individual and the government.
And so having taken power, they argue that government censorship is a form of speech That is literally the argument being made by the Biden administration and the media in Murthy v. Missouri. (The ACLU has been unsurprisingly quiet on the most significant government censorship case in this century. The Knight Institute held a ‘various viewpoints’ conference as to whether what it called ‘jawboning’, government pressure to censor, should be allowed or not. The ACLU won’t even mention it. It’s too busy suing government officials who block people on Twitter)
And so Judge Gag contends that it’s the government that has the right to a fair trial and the right to secure a fair trial by silencing the defendant. I bet her bedtime reading is George Orwell’s 1984 and she views it as a manual.