you. well, that s going to hang over this hearing tomorrow. and because he said that, i think there is grounds to say no, we re not going to give you the ability to put out this evidence to your followers so they can take action. they can do violence, or at least you can intimidate witnesses. donald trump will say i have first amendment rights. i can say what i want. but not when you re a defendant. as a prosecutor can tell you, once we get a defendant charged, they go to first appearance and the judge will say no, no contact with victims, no alcohol and so forth. these are all righteous normally have. once you become a defendant, you don t have that those rights anymore. carol, i wonder if you think judge chutkan might also impose a gag order. talk about the implications of that given this defendant has what i will call a hard time keeping his mouth shut. well, a gag order has a lot more first amendment implications than this kind of protective order that is being litigated right
untested. it happened to elon musk in a civil case, and it wasn t really contested because he agreed to it in a civil settlement. but there might with other ways where she can try to have a little bit more control over things that are said by donald trump before they re said. if she involves his lawyers, that puts them a bit in the hot seat. they have ethical obligations as lawyers to comply with court orders as well. so it will be in a dually it will be done in a very deliberate manner by judge chat can. david, i want to ask you both about the same question but from your different vantage points as an attorney and a political analyst. when scheduling the hearing for the protective order, one of trump s attorney says he couldn t do it on thursday because he would be in florida in the other smith case. just legally speaking, how logistically complicated is it that there are now cases being
justice system, is it equipped to handle a divest like donald trump who has a massive platform and as we all know a history of spoking violence? certainly hope so, but it s never face add threat like this. it has never face add challenge like this. again, we use the word unprecedented too much but this is unprecedenteded to have a former president of the united states being locust of all of this. we know how he s going to behave. in many ways feels he is baiting the judges. baiting prosecutors. upping the ante on all this. we are tested pt a massive stress test for the political system and the judicial system and to your point. what a moment we are in now. i was listening to frank thinking how many years after 9/11 the major threat to the country was international terrorism. islamic extremist terrorism. now the greatest threat with
reporters or watchdogs to say we really think that you supreme court rises to maybe the justice department level, you need to look into this to nip it in the bud. so we trust that you re acting as ethically has you could be. i want to read you something dick durbin said today. these are not merely ethical lapses. this is a shameless lifestyle underwritten for years by a gaggle of fawning billionaires. are we any closer to a codified system of checks and balances? is there the political appetite for that? i think we re closer because of reporting. now we re aware of all of this. as far as political appetite, thing is among the voters, among the legislators, i m not sure if there is enough of an appetite to take this on at this moment. but the reality, i think this could be a great campaign issue for democrats. you ve got young justices that donald trump appointed.
the need to do a disclaimer after talking with the president of the united states. in fact, anybody that s paying attention to these lawsuits knows that anytime donald trump opens his mouth talks about the election, you re going to talking to a lawyer and the lawyer s telling you probably need to run that. only made it better, done it live in front of him. charlie sykes, as always, thank you for your time. mary mccord a treat to have you with us at the table. when we come back, learning more about just how bad the situation is with those fires in hawaii. with three dozen confirmed dead. a challenge for first responders to get in and rescue more people. that story s next.