You ready?

I was born ready.

All right, it's another, I mean, it's not an emergency episode anymore, but let's call it this other strand of advisory opinions that is happening alongside the Trump indictment by the Department of Justice.

I'm Sarah Isger, that's David French and David yesterday Donald Trump was arraigned. We didn't really learn anything new except there wasn't order from the judge that he cannot talk to witnesses about the case except through counsel.

Many people asking whether and how that would ever be enforceable.

Yeah, it's very difficult to enforce orders like that. Most of the time you're relying on the honor system with orders like that.

But the problem is those who disregard are running a risk because people who are reckless enough to disregard a court order are not always the most careful in how they disregard court orders.

And so yeah, it's the kind of thing where Donald Trump would be exactly the kind of person to disregard it and exactly the kind of person to disregard it in public.

So yeah, but you're right, it is difficult to enforce.

It's really not meant to be enforced exactly. I would think of it more like a work around to witness tampering. Witness tampering is very, very hard to prove you'd have to go through every single element and you'd have to prove each one and the mental state and all of this stuff.

Instead by putting a court order like this in place, all you're going to have to do is prove that he violated the court order instead of having to prove witness tampering.

So yeah, it's not meant to be sort of strictly enforced if that makes sense.

But as you said, I mean, I also wonder how long this will stay in place. His lawyers pushed back even during the arrangement we're told.

I think they'll bring this up with Judge Cannon and a district judge, of course, can override anything that the magistrate judge did very easily.

In part because Donald Trump is going to be allowed to talk about this case and he's not going to know who's in the audience.

And there's a lot of witnesses.

I mean, everyone who works for him is basically a witness. His lawyers, all of his staff, his personal aid who traveled with him to the courthouse yesterday, his co-defendant.

It would apply to all of those people. So I won't be shocked if they revisit this when they're in front of Judge Cannon either.

Yeah, that wouldn't shock me. But ordering people not to talk to witnesses is not an unusual thing. So this is kind of par for the course.

But yeah, when you have this kind of defendant, it might, it's worth flagging Sarah because it might raise issues down the road.

Yeah, fun times. All right. Next up, I wonder whether we should talk about Judge Cannon.

Yesterday he was a reigned in front of a magistrate judge. Magistrate judges are Article 1 judges, not Article 3 judges.

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