Are conditions on pretrial release unconstitutional?

Trumpet said:
Is he violent? Didn't he instigate the Jan 6 violent riot?????

You must be referring to the Trumpian constitution.
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He also started telling his minions to attack court clerks and told them where to find their homes



This man gets people murdered and attacked



It’s fact
 
Uncensored2008 said:
No, we are saying that restrictions on speech, particularly political speech by the opposition candidate, is unconstitutional and tyrannical - the act of third world banana republics.

Xi's Biden Regime is very similar to the Regime of Pol Pot.
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WHo has restricted speech about an opposition candidate?
 
SmarterthanYou said:
gag orders on high profile cases have been ordered and enforced for years, if not decades........I see zero reason why this one shouldn't be allowed as well
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The last time a sitting president had his opponent in a presidential election arrested, did he have his judges issue gag orders to keep the opponents from campaigning?
 
Damocles said:
We definitely agree about that. The trial rights are important. Imagine if there was no way to gag folks, in most trials the prosecution could use their position as a soap box to taint every jury out there without regard to the defendant's trial rights. Now, if the trial has no jury... that's where some start questioning things. Is the Judge saying they can be swayed by public opinion? Should a judge in a bench trial gag a defendant when there is no jury to taint?

In a civil trial where the defendant has no jury to taint should the judge gag the defendant simply because the judge does not like what the defendant has to say?
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I think its clear a Judge in a bench trial has a right to Gag a defendant to restrain him from putting his staff in danger.
 
ExpressLane said:
Free speech can be gag to protect the DEFENDANTS right to a fair trial but not to protect prosecutors like Jack Smith according to the SCOTUS.
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Not prosecutors, that isn't what they are doing here. The State has a right to a fair trial as well. In a criminal trial one cannot taint a jury either direction and often gags are issued. One side is not allowed to just say what they want while the other is constrained. This is why the Justice Department has so many "leaks"... if nobody can figure out who said it, often they get away with it.
 
ExpressLane said:
Trump has been gagged from saying mean things about the court in two different courts.
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Trump has incited the Jan 6 Riot, and Trump is attempting to intimidate witnesses by posting lies to encourage violence against witnesses by his violent extremist followers. So a gag order is not unreasonable considering how ruthless Trump is.
 
Damocles said:
Correct. Jarod says "People are saying this," links to nothing showing who said it and because it is Jarod saying they are saying this some folks here decide to come in and defend it regardless of nobody having said it here before.

I get that, y'all want to knee-jerk defend against anything Jarod says, however Jarod tends to like to troll nonsense like this. Some fringe weirdo (possibly) got on TV and said this, it isn't something that any mainstream folks are saying anywhere that I've seen. I haven't even seen Fox News set of Trump bathwater drinkers saying it...

Reality: Gag orders during trials are a regular thing when the press can be used to taint juries/results. Both the State and the defendant have a right to a fair trial.
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"The TRUMP GAG ORDER that the CORRUPT Biden Administration is trying to obtain is totally Unconstitutional!" - DJT

https://truthsocial.com/@realDonaldTrump/posts/111245158604028293
 
Damocles said:
Not prosecutors, that isn't what they are doing here. The State has a right to a fair trial as well. In a criminal trial one cannot taint a jury either direction and often gags are issued. One side is not allowed to just say what they want while the other is constrained. This is why the Justice Department has so many "leaks"... if nobody can figure out who said it, often they get away with it.
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Yes on prosecutors who represent the government.

SCOTUS:
“profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.
https://www.latimes.com/opinion/sto...nya-chutkan-jan-6-first-amendment-free-speech
 
evince said:
He also started telling his minions to attack court clerks and told them where to find their homes



This man gets people murdered and attacked



It’s fact
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That's exactly why a gag order is needed, to protect decent people.
 
Jarod said:
So why is speech different? Who decides adequate proof, we have a right to a jury trial... Are you saying constitutional rights can be limited?
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I know we are in new territory - being that we have transitioned to a banana republic. But is there precedent for putting people in jail in cases where an administration arrests the opposition candidate and uses the government to tamper with elections?
 
Uncensored2008 said:
The last time a sitting president had his opponent in a presidential election arrested, did he have his judges issue gag orders to keep the opponents from campaigning?
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cherry picking specifics in an effort to show your point doesn't work. It should be looked at as generically as possible. Damocles explained this very clearly in his post
 
Damocles said:
Not prosecutors, that isn't what they are doing here. The State has a right to a fair trial as well. In a criminal trial one cannot taint a jury either direction and often gags are issued. One side is not allowed to just say what they want while the other is constrained. This is why the Justice Department has so many "leaks"... if nobody can figure out who said it, often they get away with it.
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Again claiming all leaks come from government employees



The vast majority of “leaks” come from the people they interview


Accept logic and reality
 
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Jarod said:
I think its clear a Judge in a bench trial has a right to Gag a defendant to restrain him from putting his staff in danger.
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I'm not arguing, seriously, I'm not. If the defendant has crazies who follow him that can take that image he posted and stalk the crap out of them, and who have done something like that in the past, I get it.

I'm just noting that is where the questions emerge from. I don't think anyone is shocked by a gag during a criminal trial where there is a jury, we even understand why those happen. The legal argument offered by the law professor in the dude's original post emerged from that same question.

Now do we have any evidence that this employee has had any issues since he posted that statement?
 
Damocles said:
Correct. Jarod says "People are saying this," links to nothing showing who said it and because it is Jarod saying they are saying this some folks here decide to come in and defend it regardless of nobody having said it here before.

I get that, y'all want to knee-jerk defend against anything Jarod says, however Jarod tends to like to troll nonsense like this. Some fringe weirdo (possibly) got on TV and said this, it isn't something that any mainstream folks are saying anywhere that I've seen. I haven't even seen Fox News set of Trump bathwater drinkers saying it...

Reality: Gag orders during trials are a regular thing when the press can be used to taint juries/results. Both the State and the defendant have a right to a fair trial.
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https://www.c-span.org/video/?c5088600/president-trump-calls-gag-order-unconstitutional-appeal
 
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