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Author: g0177325   😊 😞
Number: of 48470 
Subject: The gag order and testifying?
Date: 05/08/2024 12:41 PM
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Does the gag order on Trump still obtain if he decides to take the witness stand? That is, can he impugn, insult, criticize, debase and threaten anyone he wants to on the witness stand, including even any individual jury members, or already known or potential witnesses?
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Author: albaby1 🐝 HONORARY
SHREWD
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Number: of 48470 
Subject: Re: The gag order and testifying?
Date: 05/08/2024 2:28 PM
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Does the gag order on Trump still obtain if he decides to take the witness stand?

No. The order is a limit on Trump's ability to make extrajudicial statements on the subjects described therein. It would not have any applicability to his statements as a witness. Full copy of the order at the link below.

Note that if Trump takes the witness stand, the judge will be there overseeing his testimony. So if Trump were to make statements in court that were to interfere with the operation of the trial (disparaging court staff, threatening witnesses, etc.) the judge would have the ability to intervene.

https://casetext.com/case/people-v-trump-23
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Author: g0177325   😊 😞
Number: of 48470 
Subject: Re: The gag order and testifying?
Date: 05/08/2024 2:37 PM
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Note that if Trump takes the witness stand, the judge will be there overseeing his testimony. So if Trump were to make statements in court that were to interfere with the operation of the trial (disparaging court staff, threatening witnesses, etc.) the judge would have the ability to intervene.

So then he's not really gagged at all when testifying, though with an ability to still threaten witnesses and jurors, and apparently without any penalty other than a reprimand and cease and desist by the judge? What's the worst penalty the judge could impose?
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Author: albaby1 🐝 HONORARY
SHREWD
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Number: of 48470 
Subject: Re: The gag order and testifying?
Date: 05/08/2024 2:45 PM
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So then he's not really gagged at all when testifying, though with an ability to still threaten witnesses and jurors, and apparently without any penalty other than a reprimand and cease and desist by the judge? What's the worst penalty the judge could impose?

He could imprison him. Find him in contempt and impose a criminal sentence. Same as with the gag order. If Trump elects to take the stand, the judge will almost certainly instruct the witness on how is to comport himself while testifying - and if Trump disregards those instructions, he can be found in contempt and sent off to jail.
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Author: g0177325   😊 😞
Number: of 48470 
Subject: Re: The gag order and testifying?
Date: 05/08/2024 5:10 PM
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and if Trump disregards those instructions, he can be found in contempt and sent off to jail.

Ok, good. 😊
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Author: WatchingTheHerd HONORARY
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Number: of 48470 
Subject: Re: The gag order and testifying?
Date: 05/08/2024 5:23 PM
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If Trump elects to take the stand, the judge will almost certainly instruct the witness on how is to comport himself while testifying - and if Trump disregards those instructions, he can be found in contempt and sent off to jail.

And rules regarding contempt make distinctions between what is essentially "out-of-court" contempt and "in-the-court" (or "in-your-face") contempt. If Trump is explicitly instructed by the judge after agreeing to take the stand and Trump subsequently disobeys those directives from the judge while on the stand, he not only can be held in criminal contempt, he can be hauled off on the spot to jail. No perfunctory hearing. No delay. Bailiff? Poof.

Again, this is a hypothetical... Trump will NEVER take the stand. Once he does, he is open to cross-examination on ANY topic and he would never hold up under questioning without perjuring himself or behing held in contempt due to misconduct.


WTH
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Author: Lapsody 🐝  😊 😞
Number: of 48470 
Subject: Re: The gag order and testifying?
Date: 05/09/2024 11:19 AM
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Mice to see your post WTh. :)
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