The DC Gag Order re Trump -- IMO the Wording is a f/n mega big deal

[Scottie Mom]

The Court's use of the words "sua sponte" means that the court can move on a violation of its order WITHOUT a motion before the Court. The phrase has been reported in several posts on the DU, so I take that this is a correct statement.

sua sponte

Latin for "of one's own accord; voluntarily." Used to indicate that a court has taken notice of an issue on its own motion without prompting or suggestion from either party.

...

[link:https://www.law.cornell.edu/wex/sua_sponte#:~:text=Latin%20for%20%22of%20one's%20own,or%20suggestion%20from%20either%20party.|

You know TFG cannot control himself and he will rage out verbally or post something.

Way to go, Judge!!!!!

[Blue Owl]

1. The fat man's just itching to get on his guilded toilet and rage tweet

[SpamWyzer]

5. I for one

would gladly see him in a gilded cage.

[soldierant]

30. As long as I don't have to listen to himm "sing."

[ProudMNDemocrat]

2. Here come the Judge!

And she ain't fucking around with Orange Furious.

[mahina]

7. Orange Foolius!

[TheRickles]

13. Ah, good old Laugh-In. This one's a tad dated, but still pretty funny:

&ab_channel=Rowan%26Martin%27sLaugh-In

Thankfully, Judge Chutkan has a lot more integrity than Judge Samuel Davis Jr.

[niyad]

18. Thank you.

[EarnestPutz]

24. Loved that show. At the time it was pretty edgey, with occasional censorship. But funny.

[iluvtennis]

16. +1.

[sboatcar]

3. Where can I find the text of the order?

[Scottie Mom]

4. Not sure it if is out yet...will look. EOM

[ancianita]

15. According to the docket, the Main Document is not linked there, only from PACER, which

is a govt sponsored service used by publishing and legal entities. You could buy PACER, maybe get it free when you install it extension available to most people's browsers.

Scroll down here to # 103 for Oct 16 2023 --

Here's the court filing stating that it won't allow transcript publication for 90 days for the following reasons:

TRANSCRIPT OF MOTION HEARING in case as to DONALD J. TRUMP before Judge Tanya S. Chutkan held on October 16, 2023; Page Numbers: 1-86. Date of Issuance: 10/16/2023. Court Reporter: Bryan A. Wayne.

Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.

NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/6/2023. Redacted Transcript Deadline set for 11/16/2023. Release of Transcript Restriction set for 1/14/2024.(Wayne, Bryan) (Entered: 10/16/2023)

Main Doc­ument

Buy on PACER

[Scottie Mom]

20. IMO...the media will have it immediately and race to release it. EOM

[ancianita]

21. Perhaps. We'll see.

[gratuitous]

6. Glad to see the court include that in the order

The question is, as always, what happens when the defendant violates the order? Will the judge land on him like a ton of bricks, as he deserves? The defendant has had more than ample warning. Or will the judge, as the French say, coupez les chevaux en quatre to avoid finding a violation?

[RobertDevereaux]

9. Cheveux, not chevaux, though cutting the horse in quarters did sound intriguing!

https://www.lawlessfrench.com/expressions/couper-les-cheveux-en-quatre/

[EndlessWire]

8. Yeah, in the past

she has said that she didn't have a motion before her...then Jack had to ask for the order through motioning. But, I still think she will issue an Order To Show Cause and require Trump to show up in court with his attorneys. She just doesn't have to have Jack motion for a court action.

I think if she personally witnesses something while he's appearing in front of her, she can hold him in contempt, IMO.

Works for me.

[Randomthought]

10. 48 hours

Tops.

[Scottie Mom]

11. Have MSNBC on and listening for updates re the Gag Order

Want the text and I am sure the second that it out, TFG will explode and rage on verbally to the press or over the internet with a social posting.

I hope she means what she said in Court -- and from her history, I do think she will do something. Interesting to me she mentioned he post he did about the NY Court's law clerk.

[AllaN01Bear]

12. thanks for the explination. my head hurts now . please o please

make it a full gag and if he missteps , slap him for contemptive court.

[Johnny2X2X]

14. The order will be appealed

The appeals court will kcik it to the SCOTUS, the question is if they will leave it in place while they debate it.

[GopherGal]

17. Asking from ignorance here...

but how does the court then "take notice"?

Does Jack have a clerk monitoring Truth Social to print out copies of P011305809's exudations and slide them under Judge Chutkan's office door?

It shouldn't be DOJ's burden to monitor the sewage that spills from his mouth/phone/other orifices.

[Scottie Mom]

19. Having practiced law for a very long time, I say the following:

Everything gets reported to the Judge. An attorney outside of a hearing, in the hallway, called me the "C" word and within minutes, we were both called back into Court and into the Judge's chambers.

The deputies, the bailiff, the court reporters. secretaries, aides and staff...they all talk. And...if they do not personally know, family, friends and strangers report to them.

Further: Today, with the internet, it is almost instantaneous that a media report has an article, a blurb, a tweet, a text, etc.

I am sure EVERYONE is monitoring all social media because most of us want to report the violation and see what happens. It is really, really hard to hide anything from the Court itself.

I remember Santa Monica Court when the OJ civil verdict came in -- instantly a sign was in the window reporting the verdict to those outside on the lawn!

Now the prosecution is absolutely free to report to the judge...but I am betting before Jack Smith gets there, the Judge was put on notice about EVERYTHING!

[ShazzieB]

22. I read the definition of "sua sponte" that you posted.

But I feel like I'm missing something. Does "sua sponte" enable the judge to do something she wouldn't be able to do otherwise? And if so, what?

I believe you when you say this is a huge deal, and I'm glad that it is. I would just like to better understand why.

[Scottie Mom]

23. Not really.

It is not unheard of for a judge to issue a sua sponte order. In this case, the Judge basically told Trump that Jack Smith did not have to do a thing, that she alone could consider his conduct and set a hearing on the issue of a violation of the gag order. Of course, he can file a motion also.

Normally a judge has to wait for a motion to be before the court, but there are times when they can move because of facts and circumstances. One of the circumstances is "exigent circumstances." This judge on making the gag order did not rely on the issue of poisoning the jury -- she relied on the issue of violence -- this is an 'exigent" circumstance. Here. she announced that she would do something because of possible violence that could be triggered by Trump's statements.

When I was a baby attorney, a much older and wiser attorney explained the issue of "exigent" circumstances -- "The house is on fire and there is no waiting to call the fire department."

The fancy legal term is "exigent", but it's basically an emergency and a need to move quickly. While this judge announced it would be in her order, that is not really required if there is an emergency. Federal judges are pretty powerful.

There are other times when the court will rule sua sponte -- for instance when the court has no jurisdiction to hear a matter. An example of this would be a bankruptcy filed in a federal civil court. (Assuming the Clerk did not see this at the filing window.)

[ShazzieB]

25. I get it now!

Thanks for this.

[Scottie Mom]

27. You are very, very welcome!

Ask anytime. I love explaining the law. Frankly, I love the law when it works like it should work. Then there is the SCOTUS...

[qwlauren35]

26. It's a start but...

I read about the consequences, and they are not sufficient to deter Trump's outbursts. Unless the consequence is a media blackout, it's just an empty threat.

[Scottie Mom]

28. IMO, we will see.

This judge has gone further than any other judge re TFG. While the NY state judge did impose a gag order, it was not as strong as the one issued today. IMO, Chutkan means business. Also, she seems rather creative and aware -- instantly. I can see something cleaver from her that would cause TFG a barrel of misery -- even without putting him in a cell.

[republianmushroom]

29. agree