When Larry King Knows the Constitution Better Than You

Just give it up

Ill. Gov. Rod Blagojevich: It’s not appropriate for me to comment on an ongoing case. There’s an  Illinois Supreme Court — a U.S. Supreme Court — an Illinois Supreme Court rule that requires  I can’t comment on the details of a pending case….

Larry King (returning to this point later in the interview): Why would the Supreme Court not allow a potential defendant not to discuss his case?. The first Amendment says you can talk about anything you want.

Blagojevich: Well I don’t that they bar you, but I think that – whether it’s a law or a rule—I’m told by lawyers that –

King: That defendants can’t speak?

Blagojevich:That you’re not supposed to comment on an ongoing case. And as a former prosecutor I agree with that procedure You don’t want to complicate or taint any of them specifics of anything.

Defendants can pretty much reveal anything they want–with some rare exceptions related to gag rules and those are usually there to benefit defendants.  Even their own testimony in generally secret Grand Jury proceedings can be disclosed by a defendant.

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