mark ,
@mark@mastodon.fixermark.com avatar

@GottaLaff This I would consider to be an example of "Counsel for the defense trying to do the best job they can do, but defense doing their damnedest to make that impossible."

The gag order is probably no longer necessary to protect the trial. But the judge is still allowed to take in all information available for sentencing purposes. If Trump decides to go off on a tirade where he claims the courts are invalid or, God forbid, threatens the jurors, the judge, the court staff, or their families... I'm unaware of anything stopping the judge from considering that during determination of sentence.

And at least some of the purpose of penalty is mere assertion of the government's authority to be a government. Once the jury has bound you by law, thumbing your nose at the system is a great way to convince the system you have a very step-onable neck.

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