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The Last Word with Lawrence O’Donnell

Federal appeals court hears Trump gag order arguments

The Last Word with Lawrence O’Donnell

Lawrence O'Donnell, MS NOW

Politics, Washington, Congress, News, Ms Now, President, Versant Media, Policy, Versant, Government, Senate

4.56.4K Ratings

🗓️ 21 November 2023

⏱️ 39 minutes

🧾️ Download transcript

Summary

Tonight on The Last Word: A federal appeals court signals it could keep the Trump gag order in place for the 2020 election case brought by Special Counsel Jack Smith. Also, Fulton County District Attorney Fani Willis proposes August 5 for the Trump Georgia RICO trial. And Joyce Chisale provides an update on her journey through medical school in Malawi. Glenn Kirschner, Andrew Weissmann and Neal Katyal join Lawrence O’Donnell.

Transcript

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0:00.0

Well, each side was given 20 minutes, which is the norm, and it means it was going to last 40 minutes.

0:08.0

But the Appeals Court hearing today in Washington, D.C. considering a weighty and unprecedented First Amendment

0:16.1

issue lasted two hours and 20 minutes and here's why.

0:24.8

Would your position be any different if it were a year ago?

0:31.7

If the time it was just a year ago, so we were much further removed from a political campaign.

0:36.7

Would your position be the same or different?

0:38.6

Certainly a year ago, we would still be in the midst of a political campaign.

0:42.0

I believe President Trump... What are we midst of a political campaign I believe President Trump

0:43.0

What are we not in a political campaign? I mean to fight the hypothetical but

0:49.0

you're saying that it was... What he was saying there is I don't mean to fight the hypothetical. But Donald

0:57.6

Trump's lawyer did mean to fight the hypothetical. In fact, Donald Trump's lawyer fought every hypothetical

1:05.4

presented to him by the Appeals Court panel of three judges who were

1:11.0

considering Donald Trump's appeal of a partial gag order issued by

1:15.6

federal judge Tanya Chutkin in the case of United States of America versus Donald J. Trump,

1:20.5

in which Donald Trump is charged with federal crimes leading up to a

1:25.2

on January 6th because Donald Trump's lawyer fought the hypotheticals the

1:30.9

panel of judges became what lawyers call a hot bench, meaning the judges were very actively and energetically challenging the lawyers on both sides.

1:45.0

So would your position be any different a year ago?

1:49.0

I think the gag order would still be unconstitutional.

1:51.0

Would your position be any different? I don't I don't see how okay so the fact that we have

1:55.6

a campaign going on does not matter what matters to you and this is right

2:00.3

still political speech I think which gets very high protection no doubt.

...

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