A former prosecutor, Barbara McQuade, talked to MSNBC host Katie Phang and shared why she thinks Trump's legal team was "misleading" the court.
The request for a gag order
The DOJ urged the Appeals Court to uphold the gag order after providing a document detailing the "hundreds of threatening and harassing voicemail messages" sent to New York Judge Engoron and his law clerk. Trump's lawyers responded, and Phang asked McQuade what she thought of the reply, insinuating that Trump was not responsible for what others said or did.
Phang wondered, "From an evidentiary perspective, does the Appeals Court take that into perspective what is going to hear oral arguments tomorrow?" McQuade answered, "These are real threats coming in every day and disrupting the business of the court, putting its employees in harm's way."
Trump's lawyers were "misleading"
"One of the things that the [Trump] lawyers have done, that is very misleading here, is to look at cases outside of the context of court, of opinion criminal cases. You know, prior restraints are frowned upon, of course. Anything that limits core political speech is antithetical to the 1st Amendment," elaborated McQuade.
The 1st Amendment in the "world of trials"
"That's not the world that we are in," McQuade said, adding, "We are in the world of a trial. And so inside a trial to protect the parties, to protect court staff, and to protect the fair administration of justice, those rules are different. And so I hope that the court sees the light and understands the very threat on the one hand versus the restriction on the other."
Joyce also reacted
In her blog post, the former prosecutor Joyce Vance wrote, "Trump filed a response today, insinuating that he is not to blame for what other people do. But that is a tired and laughable effort to shirk blame at this point."
Vance continued, "Anyone who doesn't understand that they or someone they love, their children or grandchildren, could be the next one subjected to the treatment Judge Engoron's law clerk is receiving or that Fulton County election workers Ruby Freeman and Shaye Moss were subjected to, isn't paying attention. There are very real risks."
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