one special counsel jack smith brought regarding the lead-up to and the after math of january 6th. today in federal court, we heard both lawyers for the special counsel and donald trump square off over the limited gag order judge tanya chutkan imposed a couple of weeks ago. we ll play the audio in a second. first, quick context. the gag order stops donald trump from publicly disparaging prosecutors, potential witnesses or court employees involved in the case. jack smith s team wants it saying it s necessary to keep people safe. donald trump s team is appealing it saying it violates his free speech and ability to campaign. and while the d.c. circuit court of appeals has yet to rule, we did get come hints. take this exchange, where judge millet presses donald trump s team on whether their arguments that it s unconstitutional to limit the political speech of a candidate would stand if donald trump were not running for office. would your position be a different a year ago? i
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hours, another possibility emerged. former supreme court clerk amy kaczynski, who is now a professor at yale law, these are the arguments for the league coming from a conservative. one who is, quote, phonetically commit to every word of illegals monster s opinion. she continues, and i quote her, if you work inside the court, you know that the most concrete impact of the league is to lock this opinion essentially as is. any edits at this point reveal jockeying between justices, undermine the majority, and the cord itself. embarrassing to the majority. so, i ve somewhat come around to finding this persuasive. again, i don t know, no one knows who s the leakers? but basically, the theory goes like this. conservatives in the court had a 54 majority of overturning roll back in february. they took the vote at conference, the majority was assigned to simulate legal. he drafted it, but the five majority may be becoming undone in the process of revisions and compromise and things happening
supreme court clerk tweeted this. i assumed a liberal clerk leaked the draft opinion overturning roe. now, i think much more likely it was leaked by a conservative fanatically committed to every word of alito s monstrous opinion. timing, she continues, the draft was circulated in february. if a liberal was mad about it, why wait until april to send it to politico? the opinion will be out in june. what are the benefits of releasing it early? and a big downside, the focus on the leak itself instead of of the opinion. if you work inside the course, you know that the most concrete impact of the leak is to lock in this opinion, essentially as is. any edits at this point reveal jockeying between justices, undermine the majority and the court itself, embarrassing to the majority. and a university of texas law professor tweeted this. suppose you re a conservative justice committed to overruling
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