The DC Gag Order re Trump -- IMO the Wording is a f/n mega big deal

[Scottie Mom]

23. Not really.

It is not unheard of for a judge to issue a sua sponte order. In this case, the Judge basically told Trump that Jack Smith did not have to do a thing, that she alone could consider his conduct and set a hearing on the issue of a violation of the gag order. Of course, he can file a motion also.

Normally a judge has to wait for a motion to be before the court, but there are times when they can move because of facts and circumstances. One of the circumstances is "exigent circumstances." This judge on making the gag order did not rely on the issue of poisoning the jury -- she relied on the issue of violence -- this is an 'exigent" circumstance. Here. she announced that she would do something because of possible violence that could be triggered by Trump's statements.

When I was a baby attorney, a much older and wiser attorney explained the issue of "exigent" circumstances -- "The house is on fire and there is no waiting to call the fire department."

The fancy legal term is "exigent", but it's basically an emergency and a need to move quickly. While this judge announced it would be in her order, that is not really required if there is an emergency. Federal judges are pretty powerful.

There are other times when the court will rule sua sponte -- for instance when the court has no jurisdiction to hear a matter. An example of this would be a bankruptcy filed in a federal civil court. (Assuming the Clerk did not see this at the filing window.)