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It's Complicated

Episode 52 - Trump Gag; Musk Suit; Santa Home Security

It's Complicated

Renato Mariotti

News Commentary, News, Politics

4.71.1K Ratings

🗓️ 1 December 2023

⏱️ 41 minutes

🧾️ Download transcript

Summary

This week there are 1st Amendment issues to consider with Trump’s appeal of Judge Chutkan’s gag order; Elon Musk went venue shopping in Texas to file a lawsuit against Media Matters; plus Santa Claus home security. Subscribe on Youtube:  https://www.youtube.com/@Its.Complicated/ Subscribe to our podcast  https://link.chtbl.com/its-complicated Follow Asha on Twitter: https://twitter.com/AshaRangappa_ Asha's Substack: https://asharangappa.substack.com/ Follow Renato on Twitter: https://twitter.com/renato_mariotti Follow Asha on Instagram: https://www.instagram.com/asha.rangappa/ Follow Renato on Instagram: https://www.instagram.com/renato.mariotti/Follow Renato on Threads: https://www.threads.net/@renato.mariotti Opening Theme and Bumper music provided by eitanepsteinmusic / Pond5 Subscribe on Youtube:  https://www.youtube.com/@Its.Complicated/   Follow Asha on Twitter: https://twitter.com/AshaRangappa_ Asha's Substack: https://asharangappa.substack.com/ Follow Renato on Twitter: https://twitter.com/renato_mariotti Follow Asha on Instagram: https://www.instagram.com/asha.rangappa/ Follow Renato on Instagram: https://www.instagram.com/renato.mariotti/Follow Renato on Threads: https://www.threads.net/@renato.mariotti   Opening Theme and Bumper music provided by eitanepsteinmusic / Pond5 Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

Click on a timestamp to play from that location

0:00.0

MSW Media.

0:05.0

So Asha, is the D.C. Circuit Court of Appeals going to uphold the gag order that was issued by Judge

0:15.1

Chutkin in Trump's January 6th case?

0:18.0

Yeah, it's complicated. I'm a chorangapa. I teach national security law at Yale University. I'm a former FBI special agent and I'm a legal contributor for ABC News.

0:34.8

And I'm Renata Mariati.

0:36.5

I'm a former federal prosecutor, a practicing lawyer, and a legal analyst.

0:41.0

And we're here to help you understand topics that can't be boiled down into a sound bite or a tweet. So you were an appellate law clerk, right, Renato? Yes, so are you. So is I. So you know, we listen to a lot of these arguments and I have to say I was listening to that

1:07.8

oral argument with Trump's lawyers, last, I guess is now, it's a couple weeks ago and I was

1:14.8

cringing I don't know if you were cringing it was a cringy time mainly because for me the part that I was listening to at length, these judges were very prepared by the way.

1:30.0

I think they really came to the bench, you know, trying to figure out where to draw the line between threats and free speech.

1:42.0

But the one of the judges kept posing a hypothetical, you know, trying to get them to discern

1:49.7

where the boundaries were of their legal argument because basically Trump is

1:56.4

arguing that this is an infringement on his free speech rights and what they were trying to get Trump's lawyers to

2:06.7

acknowledges look if that has to be balanced out if there's a line that can be

2:12.1

crossed that is that can be restricted where does that

2:18.5

line fall and he refused to answer. I'm gonna I'm gonna be provocative. I think it was a deliberate

2:24.9

strategy. Okay. So, Chutkin's order is written probably went too far. It was, I

2:30.8

don't think it was as carefully drafted as it could have been.

2:36.4

And so as you point out, the Court of Appeals judges

2:39.4

we're trying to figure out how to refine it,

2:42.4

make it a little bit better, make it less objectionable, you know,

2:45.8

so that if the Supreme Court ends up reviewing this, they're going to uphold the gag order.

...

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