The defense’s position that no limits may be placed on Defendant’s speech because he is engaged in a political campaign is untenable, and the cases it cites do not so hold. The Circuit Courts in both United States v. Brown and United States v. Ford recognized that First Amendment rights must yield to the imperative of a fair trial. 218 F.3d 415, 424 (2000); 830 F.2d 596, 599 (1987). Unlike the district courts in those cases, however, this court has found that even amidst his political campaign, Defendant’s statements pose sufficiently grave threats to the integrity of these proceedings that cannot be addressed by alternative means, and it has tailored its order to meet the force of those threats. Brown, 218 F.3d at 428–30; Ford, 830 F.2d at 600. Thus, limited restrictions on extrajudicial statements are justified here. The bottom line is that equal justice under law requires the equal treatment of criminal defendants; Defendant’s presidential candidacy cannot excuse statements that would otherwise intolerably jeopardize these proceedings.
Accordingly, and pursuant to Local Criminal Rule 57.7(c), it is hereby ORDERED that:
All interested parties in this matter, including the parties and their counsel, are prohibited from making any public statements, or directing others to make any public statements, that target (1) the Special Counsel prosecuting this case or his staff; (2) defense counsel or their staff; (3) any of this court’s staff or other supporting personnel; or (4) any reasonably foreseeable witness or the substance of their testimony.
According to messages posted on X by Toler, the time stamps on the video shared by the Israeli accounts showed it was recorded at least 40 minutes after the explosion took place.
Toler's post was not cited as a reason for the editing, and Newsweek reached out to the embassy of Israel to the United States via email for comment on Tuesday night.
President Biden said that information from the U.S. military led him to conclude that Israel was not responsible for the deadly blast at a Gaza hospital. Palestinians blame Israel for the blast, which has fueled protests across the Middle East.
After an all-night flight from Washington, Mr. Biden arrived in a country girding for a protracted war against the armed Islamist group Hamas after it carried out the deadliest attack on Israel in generations. He quickly waded into the fray, backing the Israeli government’s denial of responsibility for the explosion Tuesday night at Ahli Arab Hospital, where many civilians were sheltering amid Israel’s daily bombardment of Gaza.