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First Amendment

… prosecutors, told Judge Cannon that any inquiry into how such an order would violate Trump's 1A rights wasn't necessary.

Cannon: So no need to conduct a 1A analysis?

Harbach: Yes your honor.

Harbach said any 1A test is "outside the scope of our concerns."

Harbach claimed Trump has a history of inciting threats against those involved in the prosecutions against him. "We are not operating off a blank slate or a vacuum."

He pointed to gag orders in DC and NY as evidence.

Harbach also alleged that Trump has a "call and response phenomenon" with his supporters.

Meaning Trump posts things on Truth Social and allegedly his "supporters" act accordingly. Keep in mind, DOJ has 2 examples of this--a J6er who "attacked" the Cincinnati FBI field office a few days after MAL raid in August 2022 and some whacko who recently made threatening calls to an FBI agent in Hunter Biden case.

Harbach said Trump possesses a "peculiarly potent tool" in his Truth Social posts.

He is "aware" of his potency and he "brags" about it.

This unaccountable prosecutor went on to explain how he thinks the former president and GOP nominee for 2024 president should use his social media account.

Harbach: You want to say how unfair the MAL raid was? "Knock yourself out." But it is "over the line" for Trump to use his TS account to promote "false lies" about the FBI coming "to do violence against him and his family."

"That is out of bounds and should not be tolerated" says unelected unaccountable David Harbach.

Even more telling. Harbach urged Cannon to do something proactively "before something terrible happens."

… condescending tone--uptalking and slowly speaking as if he were addressing a child--Judge Cannon had had enough.

Cannon: "Mr. Harbach, I don't appreciate your tone. I expect decorum in my courtroom at all times. If you cannot [act appropriately], one of your colleagues can."

{Keep in mind there are no electronic devices allowed so I must rely on my scribbled notes but this is very close to what was said.)

He only got marginally better. At the end of his exchange with Cannon, he apologized to her. "I didn't mean to be unprofessional."

Ah but he did. He is not just demeaning to her, it's almost like he's tempting her to excuse him from the proceedings.

Keep in mind, during the last hearing, Cannon had to ask Harbach to "just calm down" as he was pounding on the podium and have a temper tantrum.

Aren't you all so glad we are paying these clowns?

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