I’m not a criminal law or First Amendment expert, but this really troubles me. The state can ruin your life with an unfounded prosecution. The idea that you can’t publicly call out its abuses, especially if you need help financing your defense, is alarming.
My husband’s (@EithanHaim) First Amendment rights may be under attack by a de facto gag order – but mine are not. 🧵1/7
On Dec 3, the judge threatened Eithan with FEDERAL PRISON and his attorneys with sanctions if they continue to post so-called “inflammatory” content on X about the DOJ’s corruption in this case.
He didn’t grant or deny the gag order, but kept the government’s motion “live” pending trial in February. This is arguably worse and serves two purposes.
(1) The court’s instruction to avoid “similar conduct” leaves unclear what kind of speech represents a violation (presumably that which the DOJ doesn’t like? see below) and what the consequences would be – imposition of a gag order merely being one of them.
(2) By leaving the matter undecided, the court is shielded from public criticism and appellate review (where it would likely be overturned as unconstitutional in the Fifth Circuit).
As a result of this “non-gag gag order,” the onus is on the defense to muzzle themselves. It’s an unconstitutional prior restraint of someone who needs free speech the most: the criminal defendant David facing a corrupt government Goliath.
I was not planning on speaking publicly about this case. I’m a private person, and I don’t really use social media. But Eithan’s X posts have been the only way he has been able to raise funds for a legal defense and expose the DOJ’s blatant corruption over the last year and a half.
As a wife and attorney, I can’t sit by while they extinguish the light he’s shone on this case, particularly as newly unsealed evidence proves that this case was malicious all along (more on that later!).