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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.”.
Interesting theory.
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.
Greg says
According to the Sixth Amendment to the U.S. Constitution: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.” Apparently, modern jurisprudence recognizes a Donald J. Trump exception to the Sixth Amendment wherein the government and NOT the defendant has a right to a speedy trial. Either that’s the state of the law in the Washington D.C. Trump prosecution or the presiding judge is applying the law of Jamaica, the Schiff-hole from whence she emerged.
Mo de Profit says
Not in the rules based international order Daniel, the government must be protected and their pensions paid forever to their offspring (if they have them) how else can the UN control the world?
Algorithmic Analyst says
Excellent catch Daniel! The “accused” is the one who has a right to a fair trial. Not the “accuser”.
jeremiah says
The big problem is Don inherited Roberts so when he appointed two other rhino, deep state partisan hacks it’s never a sure thing that the deep state won’t win on obvious slam dunks like this one. The Supreme Court
could easily tank it and rule wrongly. If the ruling is enforced, and not overturned, it will be Trump’s fault.
Brad says
From the movie A TOUCH OF EVIL:
(Police Captain Quinlan) ORSON WELLES: “Our job is tough enough.”
(Vargas) CHARLTON HESTON: “It’s supposed to be. It has to be tough. A policeman’s job is only easy in a police state. That’s the whole point, Captain! Who’s the boss, the cop or the law?”
Spurwing Plover says
This Globalists Judge needs to be removed from the Bench totally
Chutzpan says
** NEWSFLASH**
“Chutkan Show Trial Ends with Jury Hung”
Yeh, “Hung Jury” = “Jury Hung” according to that logic, And since Chutkan instructs her jury, she must “execute” their decision.
mj says
Well done, Mr. Greenfield.
Another bullseye.
cedar9 says
Somewhere in the depths of hell Stalin is smiling.
Doug says
What did you expect from an Obama appointed judge? Remember, Obama wanted Garland as a Supreme Court Justice. Can you imagine the dystopian nightmare that would have been?
Pretty much all of his decisions and policies have been a disaster. Worst President ever – hands down.