BREAKING: THREAD: to those who keep pushing for public testimony for the 1/6 committee & public release of documents and information pertaining to ongoing investigations: tonight’s filing by the new DC US Attorney Matthew Graves in the Bannon case explains the perils of that. 1/
As I have said multiple times: public testimony and public release of documents can jeopardize criminal investigations. In the Bannon case, the human cold sore has called for the documents in his case to be released to the public by opposing a protective order for discovery 2/
And DC US Attorney Matthew Graves agrees. “Specific harms will result if circulation of these materials is not limited to the individuals identified in the proposed protective order.” 3/
So what are the harms? FIRST: the hippopotamic land mass wants to disseminate the materials to argue his case publicly on the merits to undermine his indictment, and Graves argues that privacy serves important public and judicial interests. 4/
Namely, “The outcome of a criminal trial is to be decided by an impartial jury who know AS LITTLE AS POSSIBLE of the case.” Public comments on evidence which might never be admitted at trial obviously threaten to undermine this basic tenant. 5/
Furthermore, SCOTUS emphasized the courts have an obligation to avoid a “carnival atmosphere” that might accompany a case receiving substantial public attention, such as this case. 6/
SECOND: public release of the documents is tantamount to WITNESS TAMPERING because it will expose witness testimony to the public, and it would allow witnesses to review each others’ testimony and get their stories straight. 7/
Finally, Graves says the bullshit nature of the blob fish’s claims of prejudice are just a cover for the REAL reason he opposes the privacy of the documents: that the defendant wishes to have trial through the press. 8/
From US v Lindh, 2002: “A defendant has no constitutional right to use the media to influence public opinion…to gain an advantage at trial.” 9/
So before you demand that ANY documents or testimony be made public, consider that both Bannon and Alex Jones want that, and think about WHY it’s damaging to criminal prosecutions to argue these cases in public before trial or during an ongoing probe. END
PS: I’ve been asked for my prediction. Easy. I’d bet my paycheck the judge will grant the full protective order sought by the DoJ in order to protect the case, the witnesses, and the grand jury material, and to prevent Bannon from trying the case in the court of public opinion.
UPDATE: I get to keep my paycheck. cnn.com/2021/12/10/pol…
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