4.4 • 15.6K Ratings
🗓️ 12 December 2025
⏱️ 64 minutes
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| 0:00.0 | of the rules of professional conduct that deals specifically with requirements for prosecutors |
| 0:07.0 | debating the Charlie Kirk assassination. |
| 0:10.0 | We're going to follow this for a while. |
| 0:12.0 | Law enforcement personnel, employees, or other persons assisting or associated with the prosecutor. |
| 0:19.0 | So in other words, the prosecution team. |
| 0:22.5 | And there's no rule or case law or statute |
| 0:26.5 | that expands the prosecution's duties beyond that |
| 0:30.5 | group, the prosecution team. |
| 0:32.9 | So with respect to clarity, we're seeking clarity as to what exactly does the court mean by witnesses. |
| 0:44.0 | And we think the court just means the prosecution team because if that term stretches beyond just the prosecution team, then the order is written. |
| 0:55.6 | We don't believe is a valid and lawful order because it would result in a prior restraint on |
| 1:03.8 | certain speech and at the very least would have a chilling effect on that speech. |
| 1:10.7 | If the prosecution agrees that we have an ethical duty to take reasonable measures |
| 1:17.8 | to make sure that those who are identified with the prosecution team are alerted to the |
| 1:24.5 | requirements of the court's order and to make sure that they do not make a statement that the prosecutors themselves would not be able to make a public statement. |
| 1:33.3 | But if the order extends beyond that, then we have concerns because a prior restraint is an order that forbids certain communications in advance of the time that they are to occur. |
| 1:46.0 | And as the Court of Appeals has recognized, the Utah Court of Appeals has recognized in State versus L.M. |
| 1:54.0 | And widespread publicity in a case does not itself justify a prior restraint. |
| 2:03.6 | The, as the United States Supreme Court is recognized in Nebraska Press Association, there's |
| 2:11.6 | no justification for a prior restraint unless it's clear that the further publicity unchecked would so |
| 2:20.3 | distort the views of potential jurors that you couldn't find 12 jurors who could be fair and impartial. |
| 2:27.3 | That's the high standard that applies in this case. |
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