Gag Orders U.S. Case Law

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Donald Trump does not hide his disdain for the American legal system. Judge Arthur Engoron slaps him with a gag order, and he breaks it before the ink is dry. That’s why drama, that can be viewed as contempt of court is a possibility. What is contempt of court? It is either direct or indirect.

“Contempt of court also referred to as simply “contempt” is the disobedience of an order of a court. Additionally, conduct tending to obstruct or interfere with the orderly administration of justice also qualifies as contempt of court.” Source: Legal Information Institute, Cornell Law School.

CASE LAW

In Hanson v. Superior Court (2001) the lawyer made statements in court that implied his client was not going to get a fair trial. The judge did not take kindly to that.

“These statements were contemptuous on their face in that judge, prosecutor, defense counsel and the entire judicial process were held out to be a sham and a misrepresentation of the truth to a jury.”

Trump’s case is a civil case so there’s no jury. This quote is pertinent in his fraud case because it touches upon everything he says online about Judge Engoron’s court. That is why contempt of court is a possibility. This case, Hanson v Superior Court also gives a simple definition non-lawyers can understand.

“The dignity of the Court and the respect of the Court needs to be maintained.”

Nonqaba waka Msimang

Executive Blogger

 

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