Monday's oral argument in the U.S. Court of Appeals for the District of Columbia Circuit on the validity of Judge Tanya Chutkan's limited ban of defendant Donald Trump's pretrial free speech rights underscores the uniquely problematic nature of the most important criminal prosecution in the nation's history.
Yet, there is real fear that drawing any meaningful lines in this unique situation may create a precedent that limits future political speech.
Hovering above it all is the reality that as the appeals court draws the line for today, it must also consider the realities of tomorrow. The problem of Trump's outbursts and interference will surely arise again and again, most importantly during the jury selection phase and once the jury is seated.
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