I'm not surprised, and I'm sure she understands this. I mentioned that I didn't think a judge would be happy issuing an order she knew was going to be overturned, but in this case it might be worth it to shut him up in the short term. It's not like judges are punished when they are overturned, although I suppose a long history of issuing illegal orders might come back to bite them in the ass, although even that I'm unsure about.stessier wrote: ↑Thu Feb 21, 2019 7:23 pmKen covered this in this week's All The President's Lawyers. He didn't think she'd issue a full gag as it would immediately be appealed. Apparently the only issues well settled in the DC circuit are gagging the lawyers and prohibiting speech around the courthouse... her original order. He thought something like this would have little chance of being upheld. He also thought proving incitement had little chance of succeeding based on the platform of the speech (no immediacy) and Stone's previous poor use of cut and paste photos.
In any case, it's possible she issued the order knowing full well that it will be overturned, but hopefully not before the case progresses sufficiently that it no longer matters what he has to say.
And if she can't gag him legally, she sure as hell can't put him in the hoosegow for his current behaviour.
It's frustrating to watch a moron abuse his free speech rights, but it's the price of having free speech.