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Accountable. In their motion for a protective order, the Justice Department says, quote, such a protective order is needed in this case the because the defendant has released statements on social media regarding witnesses, judges, attorneys and other associates in legal matters pending against him. In recent days the defendant has issued multiple posts, either specifically or by implication including the following which the defendant posted just hours ago. If you go after me, im coming after you. The filing including a screen shot of that ominous threat. Prosecutors went on to say, quote, if the defendant were to begin issuing public posts using details or, for example, grand jury transcripts obtained in discovery, it could have a harmful, Chilling Effect on witnesses or adversely affect the Fair Administration ....
world, we know news organizations take on enormous risk when they publish things they know to be false. they risk their representations. in the rare instances where actual malice can be established, they also face legal exposure. this knowledge of falsity on fox s part was established through mountains of internal communications that prove that the producers, the executives and the anchors knew that claims of massive voter fraud were false ahead of time and they broadcast them anyway. the case dominion had against fox was so strong that by the time the trial commenced, the only thing the jury was going to have to determine was whether fox met that really, really high legal bar of acting with actual malice when it knowingly published falsities about dominion. now, as we all know, instead of standing trial, fox decided to settle for close to $800 million. what we know from that discovery process is dominion established from the top of that company to the bottom, from rupe ....
To speak about documents that are provided in discovery that don t, at least to the extent they don t contain sensitive information, which as you were just discussing they want to divide define even more narrowly than the government would define that. so i think this first amendment theme is already in just we haven t even been a week since the charges, is a major, major theme of everything they re going to be doing to defend this case. yeah. and to mary s point, and you read between the lines here to get a broader sense of what the defense strategy for trump might be. and it does actually say it here when you look at page 2, maya, this is again trump s team that is writing this. they re making this, and this is what they write. in a trial about first amendment rights the government seeks to restrict first amendment rights. worse, it does so against its administration s primary political opponent during an election season in which the administration, prominent party members and ....
So you may just see if there is an indictment today or whether next week, that it s simply handed up to the magistrate judge and not under seal. just something the government then is able to have a press release or a press conference and make it public, and to mary s point, then the government is both doing what i think the law requires which would be not seeking something under seal when there s no risk of flight or security but also control the narrative. because they re the ones putting out the story. it s so interesting that what we see in cover as part of the trump circus also has ramifications in the legal arena where the stakes are even higher. i want to ask you, mary, what other reason the marshals would have been meeting with law enforcement? obviously, whether today ar next week planning goes into it, but ....
Specifically. i think there is a sense that the republican party has always harbored this. parts of it, that s fair. never before has the figurehead, the leader of the party said it out loud over and over again, and not just plat formed it, but posted it. what s the political response to not look away? mary said it s a minority view, it s the majority view of the republican party which is the minority party in the united states. donald trump says these things out loud. that s exactly right. two quick points about that. one of the things i tell people when we talk about voting and who you should vote for, don t just look at the candidate, look at the people around that candidate. those are the individuals that will help them govern. what we ve seen, to mary s point, the cast of characters around donald trump, these are people who have and will help him run the country. what senator tuberville was trying to say no, no, no, a trump supporter is not that. that s not those people. ....