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February 27, 2024

Here are more details on former President Trump’s appeal of the outrageous fine imposed on him by a New York judge.

New York DA Alvin “Let ‘Em All Go But Trump” Bragg is taking a cue from his fellow politically-motivated prosecutors and seeking a gag order on Trump, to block him from talking about certain aspects of the alleged hush money case he’s ginned up.

Attorney Mike Davis of the Article 3 Project blasted Bragg’s motion in a lengthy tweet. He pointed out that it’s the defendant, not the government, who has constitutional rights to a speedy trial and free speech. He wrote:

“If there’s anyone on the planet who must have the ability to speak out about the judge, court staff, prosecutors, witnesses, and process, it is a criminal defendant going through the criminal process. This is un-American. It is a very dangerous, destructive precedent. Gagging a criminal defendant turns the U.S. Constitution on its head--from a shield to protect Americans from the government to a sword the government deploys to attack us.”

“The Democrat prosecutors and judges waging this lawfare and election interference against Trump are going to cause the federal and state judiciaries to lose their legitimacy with half the American people.”

The only part of that I’d quarrel with is “are going to.”

Finally, talk about a delicious irony: One of the strongest arguments for overturning the ruinously large fine on Trump in his New York real estate fraud case is the Eighth Amendment protection against excessive fines. The Supreme Court ruled 9-0 in 2019 that that protection does apply to state courts. And one of the strongest arguments for Trump to cite came from liberal icon Ruth Bader Ginsburg, who said:

“The prohibition embodied in the Excessive Fines Clause carries forward protections found in sources from Magna Carta to the English Bill of Rights to state constitutions from the colonial era to the present day. Protection against excessive fines has been a constant shield throughout Anglo-American history for good reason: Such fines undermine other liberties. They can be used, e.g., to retaliate against or chill the speech of political enemies.”

I might not have agreed with many of her rulings, but judging from this, there’s no doubt she was psychic.

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