Is New Jersey Judge Gary Potters an Authoritarian Fascist Trying to Silence Journalists?

Family Court Judge Gary Potters' Fear and Contempt for the Press: Violating the First Amendment?

By Dick LaFontaine and Frankie Pressman with Richard Luthmann

New Jersey Judge Gary Potters is under scrutiny for his actions against journalist Richard Luthmann, who is a contributor for this outlet and has been covering the contentious case involving Ria Aichour and her ex-husband, Jimmy Cerveaux, in Hudson County.

Hudson County, New Jersey Judge Gary Potters

Recent orders by Judge Potters have demonstrated a clear disdain for the press, raising concerns about potential violations of the First Amendment.

Background of the Case

Ria Aichour accuses her ex-husband, Jimmy Cerveaux, of being involved in a child trafficking ring and sexually abusing their four-year-old daughter, M.C. Despite these serious allegations, the Hudson County Family Court awarded custody of M.C. to Cerveaux, a high-earning executive.

Several professionals, including renowned forensic psychiatrist Dr. Bandy X. Lee, have supported Aichour's claims, highlighting the dangers M.C. faces in her father's custody.

Richard Luthmann's Coverage

Journalist Richard Luthmann has been documenting Aichour's fight for justice, releasing a series of videos detailing her allegations and the court's decisions. In her first published video, Aichour promised to “Name Names” in the New Jersey Court System responsible for the child trafficking of her daughter.

Luthmann's coverage has brought significant public attention to this case and others.

Earlier this year, Luthmann published a piece about Bergen County Family Court Judge Jane Gallina-Mecca. The press scrutiny on the New Jersey Courts seems to have unsettled Judge Potters.

Judge Potters' Orders

Before the second Aichour video was released, Judge Potters issued a sua sponte order to show cause against Aichour on July 8, 2024. Luthmann’s article promising Aichour would “Name Names” in the New Jersey Family Court appeared on Substack and Newsbreak. Judge Potters’ order states:

Pending the return date on this sua sponte Order to show cause, defendant is herein enjoined from disseminating or permitting the dissemination of any additional videos by her, about her, through her and/ or of her in which she appears and/or a likeness appears to speak on her behalf in any manner related to the issues in the pending FM and FN docketed matters. This provision is included based on the content of defendant's initial video appearing in the second article by Richard Luthmann, wherein defendant makes a statement promising to release additional video's containing, inter alia, medical records, videos and other information about the pending court cases, which has been prohibited by numerous prior Court Orders. If there is a violation of this provision of this Order, then swift and severe sanctions shall issue to coerce defendant into complying with the Orders of this Court, including but not limited to, incarceration given the violations by defendant of the Orders of this Court.

The judge ordered Aichour to appear in Jersey City court on July 15, 2024, to explain why she should not be held in contempt for allegedly violating prior court orders that restricted her from discussing the case publicly.

Judge Potters also attempted to seal the FM record but later denied the request, stating that FM-docketed proceedings are open to the public. However, he took action to remove individuals from a Zoom hearing who refused to identify themselves, including someone identified as a "member of the press" and another with a photo of former President Donald Trump.

Plaintiff's counsel's request for the Court to seal the FM record pending the return date on plaintiffs Order to Show Cause is denied. Unlike FN docketed proceedings, FM docketed proceedings are open to the public. The Court properly exercised its discretion under New Jersey Evidence Rule 611 by removing those persons from the zoom who refused to identify themselves (first denominated as "member of the press" with the camera turned off, and the second was `rita45' with a photograph of former President Donald Trump appearing on camera). There is an open question on the source of the information in the `article' which appears on Dr. Soderman's website, and whether the source is defendant. At this time, as noted on the record, the Court is not able to conclude the source of the information in the subject `article' is the defendant; however, the initial Order entered on plaintiff's Order to Show Cause authorizes plaintiffs counsel to pursue discovery on parties and non-parties, together with the June 6, 2024, Order in par. 3. At this time, and after conferring with the Assignment Judge on this matter of public importance (access to the Courts), the Court is unable to find `good cause' under R. 1:38-11, a seq. to seal the FM docketed file materials.

The next hearing in this case is on July 15 and is open to the public and the press.

Chilling Effects on Speech and the Press

We attempted to contact Ria Aichour for comment. We received no response. Mr. Luthmann received this from Aichour yesterday:

---------- Forwarded message ---------
From: Ria Aichour <ria.aichour1@gmail.com>
Date: Wed, Jul 10, 2024 at 6:34 PM
Subject: DO NOT PUBLISH
To: Richard Luthmann

Mr. Luthmann,

You do not have my permission to publish anything about me including the recent court order. I've also informed Jill of the same several times.

Please do not publish anything about my case without my consent.

Thank you

Luthmann responded to Aichour, saying, “I appreciate your position. I am an independent member of the media. Neither…you, [n]or any other source controls my journalistic and editorial judgment.”

Dr. Jill Jones Soderman, with the ‘Trial of Socrates’ behind her.

We further contacted Dr. Jill Jones Soderman, the Director of the Foundation for the Child Victims of the Family Courts, referenced in the Court’s Order and Aichour’s email. Soderman said she could not speak on the record because of the pending litigation. However, she did confirm her opinion that Ria Aichour and her child M.C., like so many others, are victims of a corrupt Family Court system engaged in child trafficking.

It appears Judge Potters’ Order has had the intended effect: silence. No one wants to speak with the press.

Violation of First Amendment Rights?

We spoke with a civil rights attorney in Newark, New Jersey. Because they were evaluating the Aichour case and potential federal court civil rights violations, they spoke under conditions of anonymity.

The attorney said that Cerveaux's request for prior restraints on press coverage was unconstitutional. Cerveaux's motion aimed to suppress all discussion about the case, which they deemed a blatant violation of the First Amendment.

“Cerveaux cannot provide any legal precedent for his demands. Prior restraints on speech are considered the most serious and the least tolerable infringement on our freedoms of speech and press by the U.S. Supreme Court and Federal Circuit Courts of Appeal,” the lawyer source said, citing relevant cases, including United States v. Quattrone, Nebraska Press Assoc. v. Stuart, and Alexander v. United States.

Is Judge Potters an Authoritarian Fascist?

Judge Potters' actions raise concerns about his motivations and respect for constitutional rights. His attempts to restrict press coverage and control the narrative of the case suggest a potential authoritarian approach to suppressing dissent and criticism.

“I think the guy is a judicial lightweight, admittedly taking orders from superiors,” said Luthmann. “Everyone knows that the law he cited, New Jersey Rule 611, is an evidentiary rule for taking witness testimony. It can’t be used to exclude persons, particularly the press, from the courtroom when it’s a bunch of lawyers gaggling about how upset their client is about media coverage. If that were the case, the media would be unable to report on Trump, Hunter Biden, or anyone else whose court issues are of public concern,” Luthmann said.

Luthmann described Cerveaux's demands as Orwellian and likened his tactics to those used in the old Soviet Union.

“It looks like Cerveaux wants a show trial and is ready to pay Fox Rothschild LLP to put one on for him. Shame on Judge Potters for even condoning this. Maybe they’re right, those who say ‘Jersey Justice’ died when Tony Soprano got whacked by the guy in the Members Only jacket,” Luthmann said.

Luthmann says the next play in Cerveaux’s book will probably be to make Aichour appear mentally ill so he can discredit her forthcoming allegations, irrespective of whether or not they are true.

“There is a sad history of critics being silenced by being declared incompetent and stripped of their rights. Cerveaux has no credentials as a mental health practitioner, yet the allegations are that Aichour should be involuntarily committed to a psychiatric facility. It’s not beyond the pale that a corrupt New Jersey Family Court, who would put prior restraints on speech, might let that happen to avoid scrutiny," Luthmann said.

Public Access and Transparency

Judge Potters' fear and contempt for the press undermine the principles of public access and transparency in the judicial system. Free public discussion about court cases is essential to safeguarding an honest judicial system.

Cerveaux's application aimed to win without judicial fact-finding and to silence Aichour before the trial had even begun. Public access to litigation is crucial, and attempts to suppress discussion of the case are contrary to established legal principles.

“Oregonian Publishing Co. v. District Court and Press-Enterprise Co. v. Superior Court emphasize the public's right to access court proceedings and documents​.” the New Jersey Civil Rights Attorney said.

Judge Gary Potters' actions against investigative reporter Richard Luthmann and his attempts to control the narrative of the case involving Ria Aichour and Jimmy Cerveaux raise serious questions about the New Jersey Family Court’s respect for the First Amendment and public access to the judicial system.

As Aichour continues to fight for justice for M.C., the scrutiny on Judge Potters' decisions will likely intensify, highlighting the need for transparency and adherence to constitutional rights in Family Court proceedings.

Do you think Judge Gary Potters should respect the First Amendment and the rights of the Press? Let him know:

Hudson County Administration Building

595 Newark Avenue, 7th Floor

Jersey City, 07306

Phone: 201-748-4400 x 60662

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