While former President Donald Trump’s arraignment on the 13th floor of a Miami court Tuesday didn’t include a mug shot, the 45th president was issued a gag order, barring him from discussing the classified documents case with witnesses.
What Happened: Magistrate Judge Jonathan Goodman initially contemplated barring Trump from having any contact with his co-defendant Walt Nauta and dozens of other witnesses, who include some of Trump’s lawyers, staff and his Secret Service detail, but instead Goodman ordered a softer ban that Trump accepted, according to USA Today.
The problem, according to the outlet, is the ban will be “all but impossible to enforce,” and Trump, who’s charged with obstruction of justice, among dozens of other crimes, has a history of disregarding rules, procedures and laws.
Some legal analysts say it only took a few hours for the president to put himself in potential contempt of court situation, when during a speech at his Bedminster estate and golf course, Trump undermined the case against him by calling it a witch hunt and attacked Special Counsel Jack Smith and the prosecution team, according to the publication.
What The Experts Are Saying: Goodman’s order was vague, because it’s unclear what constitutes proof of Trump speaking directly to witnesses about the case, which could lead to the prosecution seeking further clarity or an expansion of the order, defense lawyer Mark Zaid told the outlet.
“Few defendants would have an opportunity to speak to a co-defendant or witness in a manner that Trump will have available,” he said, referring to the question of whether Trump speaking publicly at events, where witnesses may be present or watch on TV, falls under the order.
In reference to Trump’s Tuesday evening speech at his New Jersey residence, Zaid said it’s “just one of any number of atypical circumstances that will plague this case,” according to USA Today.
“Regarding the modest limitation on Trump and Nauta not to discuss the case with each other, it’s impossible to enforce and is therefore borderline meaningless,” former federal prosecutor Glenn Kirschner said.
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