Join this channel to get access to perks:
https://www.youtube.com/channel/UCsMSFwBF-4SWD5msARwYkdw/join
Show More Show Less View Video Transcript
0:00
Hey, ladies and gentlemen, this is Carmine Sabia for Explain America and the judge in former president Donald Trump's Washington, D.C. trial
0:09
She just got some really tough news, and it couldn't happen to a nicer person
0:15
Before we get started, please make sure you like, comment, share, and subscribe
0:19
Those little things really help us out, and they help our channel continue to grow
0:23
So as you know, the judge in this case imposed a gag order on former President Donald Trump
0:31
She then stayed her own gag order before finally reinstating it at the behest of Jack Smith and its federal prosecutors
0:40
Well, in appeals court overturned that. Well, not overturned it. They put a temporary freeze on it for 17 days while they get ready to make their case both sides in why the gag order should be in place
0:53
versus why the gag order should not be in place. But it was constitutional law professor
0:58
Jonathan Turley, who actually laid the smackdown on the gag order to begin with
1:03
And what he argues is, not only is this unconstitutional, as I've argued
1:09
but it's also dangerous. Let take a look Both are Fox News contributors Jonathan let start with the D Circuit Now does this temporary freeze signal that there is likelihood of success on the merits with the Trump legal team First Amendment claims for lifting that gag order
1:30
Well, Laura, it's hard to say because we have to wait to see how the panel reacts in its review, particularly the oral argument. They're essentially freezing any action here
1:40
They could have left it continue to continue while they reviewed it, but they decided, perhaps an abundance of caution, to order this stoppage until they can give it a full review
1:57
The reason I think this could be quite significant is that I think the order is unconstitutional
2:02
I said that when it was first issued. It's a very odd concept of an order because the court here insisted on having this trial before the election
2:14
sort of shoehorned it in before Super Tuesday, and everyone in this election is going to be talking about these cases except one person under this gag order
2:24
and that is Donald Trump. He can't criticize the prosecutors. He can criticize witnesses and special counsel Jack Smith just asked for this order to be expanded in an equally unconstitutional way
2:39
And that has drawn the criticism, even of the ACLU, which is a staunch critic of Donald Trump
2:46
But the ACLU has said, look, this is flagrantly unconstitutional. Yeah, I mean, it's all substantial likelihood of success on the merits and, you know, irreparable harm potentially
2:59
for President Trump. I mean, I haven't been a lawyer for as long as you guys, but it seems like it's a decent signal that this is not going to go
3:06
the way Judge Shutkin would probably want it to go. Well, they didn't say he had a substantial likelihood of success on the merits
3:16
In fact, they went out of their way in this two-page order to say that we shouldn't construe this as a ruling on the merits
3:23
But as Jonathan says, I do think it's important. But it's a temporary restraining
3:28
But hold on. That's all. Isn't it a TRO? Didn't he grant a temporary freeze of the order? Right
3:35
They granted an administrative stay. If we're talking about the D.C. Circuit Court of Appeals
3:40
they granted an administrative stay. So that's right. Her gag order is not in effect, and that's very
3:46
important I just you know I wouldn take any more from it right now And they also basically briefs are due The Trump team brief is due November 8th And as you said oral argument is the 20th So they going to decide on this really quickly That fast Jonathan MSNBC Now if you guys have watched me you know I said this is unconstitutional It been unconstitutional I totally against all gag orders I think they violate the First Amendment particularly this one where there somebody running for the presidency and his opponents
4:16
can attack him daily, but he's handcuffed as to what he can say
4:20
He's allowed to say this, but not allowed to say that. How is that not a violation of free speech
4:24
I mean, this was, the First Amendment was created to stop exactly this, as Turley says
4:31
So it seems to me that his rights are being mishandled here at the very least
4:38
And I think not only an appeals court, I think, and I've said this before, I think this is to go all the way to the Supreme Court
4:42
And it could really look at all gag orders and their constitutionality
4:46
I want to know what you think. Please let me know in the comments. Also, please remember to like
4:51
share, and subscribe. It really helps us out. I'm Carmine Sabia. This is Explain America. We love you guys
4:59
God bless you. Take care, everybody
#Courts & Judiciary
#Politics
#Constitutional Law & Civil Rights


