The issuance of a gag order by former U.S. Judge Barbara S. Jones means, on the surface, that no one will be saying anything about the events that transpired in her offices today (and tomorrow) regarding the Ray Rice appeal hearing. But, as previously explained, the confidentiality mandate has little relevance in this specific context, because Judge Jones has no real authority or ability to investigate any potential violations.
Unlike an actual judge, Jones has no subpoena power, and thus no real ability to do anything if anyone blabs. Reporters (other that those who work directly for the NFL) can’t be summoned to testify about sources; unless someone goes on the record, there’s no way to know who said what to whom.
Before the hearing began, there was no reason to think anyone will talk. But after a day of testimony, one side may be feeling a little irritated by Judge Jones’ rulings and questions. If, for example, it becomes clear that she has focused the hearing only on whether Rice lied about what happened in the elevator and has prevented any questions about what the NFL knew and when the NFL knew it, one or more of the NFLPA lawyers or representatives may decide to complain about that to someone in the media, under condition of anonymity.
Likewise, after the hearing ends, the side most worried about losing may decide to preemptively influence public perception by leaking certain nuggets of information or other observations. The same thing could happen after a ruling, with the losing party no longer having any reason to comply.
Then there’s the issue of the transcript of the appeal hearing. It’s impossible to keep those electronic files from being attached to an email and sent to someone like, you know, me. Some way, somehow the transcript will surface. It’s inevitable.
Indeed, it could end up being an exhibit to former FBI director Robert Mueller’s report. Mueller’s report will be made public, and Mueller’s work will be incomplete if it doesn’t take into consideration the Rice appeal hearing transcript. Gag order or not, what the witnesses say in the appeal hearing must be compared to what they said to Mueller.
So one way or the other, we’ll eventually learn plenty about what happened today, tomorrow, and possibly beyond in the Ray Rice appeal hearing.