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I imagine that it isn't actually prior restraint in the classic sense, but instead in the form of an agreement that the lawyers and family members have to sign before talking to the prisoners in question.


Yes, I suspect that they're non-disclosure agreements. So violating them puts one in contempt of court. And punishments for contempt are whatever judges say they are.


See, that would make a least some sense. But apparently "The U.S. Attorney General has sole discretion to impose SAMs". With court imposed gag orders there's a court order from a judge. These things seem to be administrative decisions about detention conditions (the same way prisons can regulate the books prisoners can have, etc). But if so, they wouldn't ordinarily regulate the speech of people not actually in jail. I think the worst they'd be able to do is ban that person from visiting again, not actually prosecute them. How can you be in contempt of court if SAMs are at the sole discretion of the AG?


I guess that the US AG has that power. Or maybe some tame judges. I suppose that it could go to the Supreme Court.

However, many cases have been quashed, based on national security grounds. For criminal cases, charges against suspects have been dropped. But about SAMs, that would likely leave the status unchanged. IANAL, though.




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