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I've been thinking about the responsibilities and duties of the judges in TFG's cases,
and I've been wondering how I would handle those responsibilities if I were one of those judges. Were I the 1/6 judge, my speech to the parties at their next appearance might go something like this:
We are here today to set a trial date. I want both parties to understand that this case is being fast-tracked and that the date I have selected, x/x/24, is set in something like stone and will not be changed except under the most dire circumstances. It has been selected carefully in consideration of and in coordination with the defendant's other legal obligations, and also in consideration of the fact that fairness to both the defendant and the United States requires that it must be tried as soon as reasonably possible. Therefore I will not entertain any motions for continuances, extensions or other delays for any reason short of any of your actual deaths. You might think it would be nice to have a few more days to prepare for some hearing or respond to a motion, but those few days for every proceeding will add up to weeks' or even months' delay of the trial itself, so I'm not having any of it. Don't even try. This goes for both parties; I intend to treat both sides fairly and equally in all respects.
This defendant is in the unique position of running for president next year while being charged with serious crimes in four different jurisdictions. This is all the more reason why we will be adhering to a rigid schedule. And the defendant is to be reminded that this case has priority over his campaign events. It will not suffice as an excuse to delay or reschedule any part of it that he has to attend a rally or a debate or a caucus. He is expected and required to appear in this court as scheduled, no exceptions.
Finally, I must remind the defendant and his counsel that the terms of the protective order are not negotiable and must not be violated under any circumstances. The purpose of the order is to make discovery materials available to the defense while ensuring that sensitive information, especially the names and statements of witnesses, will not be disclosed to the public, and most especially that these witnesses, along with any other persons involved in this matter, including counsel, court personnel and judges, are not put at risk by inflammatory or inciteful statements made by the defendant or his representatives or agents, on social media or otherwise.
The defendant was also reminded about this at his arraignment, but almost immediately, the very next day, he posted a statement implying an intent to "come after" anyone who "came after" him. While the defendant is presumed innocent at this time, and has every right under the First Amendment to proclaim his innocence using any means of communication, his right to free speech does not include the right to threaten or intimidate anyone, and I will not tolerate it. The defendant is reminded that his release on his own recognizance pending trial depends on complying with the agreed conditions of that release, which include avoiding any public statements tending to intimidate or influence witnesses, potential jurors, or others involved in the case. I do not want to impose stricter sanctions - which could include incarceration pending trial, if that became necessary to prevent further such incidents - but you can be sure that I will if I have to in order to protect the integrity of the trial and the safety of the public.
The next appearance will be on x/x/23 for _____. Do not ask for a continuance or a rescheduling because you won't get one. Good day, gentlemen.
This defendant is in the unique position of running for president next year while being charged with serious crimes in four different jurisdictions. This is all the more reason why we will be adhering to a rigid schedule. And the defendant is to be reminded that this case has priority over his campaign events. It will not suffice as an excuse to delay or reschedule any part of it that he has to attend a rally or a debate or a caucus. He is expected and required to appear in this court as scheduled, no exceptions.
Finally, I must remind the defendant and his counsel that the terms of the protective order are not negotiable and must not be violated under any circumstances. The purpose of the order is to make discovery materials available to the defense while ensuring that sensitive information, especially the names and statements of witnesses, will not be disclosed to the public, and most especially that these witnesses, along with any other persons involved in this matter, including counsel, court personnel and judges, are not put at risk by inflammatory or inciteful statements made by the defendant or his representatives or agents, on social media or otherwise.
The defendant was also reminded about this at his arraignment, but almost immediately, the very next day, he posted a statement implying an intent to "come after" anyone who "came after" him. While the defendant is presumed innocent at this time, and has every right under the First Amendment to proclaim his innocence using any means of communication, his right to free speech does not include the right to threaten or intimidate anyone, and I will not tolerate it. The defendant is reminded that his release on his own recognizance pending trial depends on complying with the agreed conditions of that release, which include avoiding any public statements tending to intimidate or influence witnesses, potential jurors, or others involved in the case. I do not want to impose stricter sanctions - which could include incarceration pending trial, if that became necessary to prevent further such incidents - but you can be sure that I will if I have to in order to protect the integrity of the trial and the safety of the public.
The next appearance will be on x/x/23 for _____. Do not ask for a continuance or a rescheduling because you won't get one. Good day, gentlemen.
10 replies
= new reply since forum marked as read
= new reply since forum marked as read
will be dictated by his own actions.
There, I just defined FAFO in 20 words. 
