Constitutional Law, Criminal law, Free Speech, Media, Politics

Special Counsel Jack Smith Demands a New Gag on Trump

The government often waits until Friday night when it wants to file something controversial in seeking to reduce media coverage and public attention. Special Counsel Jack Smith followed this practice this week in quietly filing a motion to gag former president Donald Trump in his Florida case. Smith took the action after Trump suggested that the warrant used on his Palm Beach home included a provision allowing the use of lethal force. While the provision is standard in such warrants, Trump has portrayed the inclusion of the boilerplate language as a threat to his life and the lives of his family. Nevertheless, I believe that the gag order, like Smith’s past demands, is over-broad and a violation of the free speech rights of the former president.

I have been a long critic of gag orders as inimical to free speech. I have specifically opposed past demands by Smith (and prior orders) as overbroad and unconstitutional.

There has been much discussion of the gag order imposed on Trump by Justice Juan Merchan, who is controlling not only the travel but the speech of the leading presidential candidate from his small Manhattan courtroom. He has gagged Trump from speaking about witnesses like Michael Cohen, who has attacked him as both a candidate and as a defendant in public. The New York courts have upheld the order.

What is most troubling is the bar on Trump discussing such figures as Matthew Colangelo. Colangelo was third in command of the Justice Department and gave up that plum position to lead the case against Trump. Colangelo was also paid by the Democratic National Committee for “political consulting.”

So a former high-ranking official in the Biden Justice Department and a past consultant to the DNC is leading the prosecution. With the weaponization of the criminal justice system by the Democrats as a central issue in this campaign, the gag order is curtailing the ability of Trump to address one of the most controversial figures in the effort.

Now Smith would like to radically expand the gag with a new order out of Florida. Notably, Smith has thus far failed in his unrelenting efforts to get one of his two cases to a jury before the election. Thus, this order would gag Trump through the election even though the cases could be effectively scuttled if he were elected.

Trump has used the language to galvanize his supporters, claiming that FBI “WAS AUTHORIZED TO SHOOT ME” and that the government was “just itching to do the unthinkable.” He added that the FBI was “locked & loaded ready to take me out & put my family in danger.” Figures like Rep. Marjorie Taylor Greene (R-Ga.) have piled on with claims that the DOJ and FBI were “planning to assassinate Pres. Trump and gave the green light.”

My strong disagreement with Trump on this lethal force provision does not alter my opposition to the gag effort. Many of us have publicly disagreed with these claims and expressed concern that they are fueling rage. Trump’s opponents and the media have made the statements a focus of coverage for days. That is how free speech works. Citizens can reach their own conclusions on the merits in a free and open debate.

Once again, the solution to bad speech is good speech, not censorship or gagging of those with opposing views.

In his Friday filing, Smith is not seeking to protect specific witnesses but the entire government from criticism. He objects that the statements create “a grossly misleading impression about the intentions and conduct of federal law enforcement.” That could very well be true, but Smith is seeking to control what a presidential candidate can say about the government, a chilling measure for any political system. It is particularly concerning when directed at an anti-establishment candidate.

The concerns over the premise of such an order are only exceeded by concerns over its scope. Smith does not seek to define that scope, but rather says that we will know a violation when we see it:

“Whether a particular statement meets that test “must be determined by reference to the statement’s full context. But that condition would clearly prohibit further statements deceptively claiming that the agents involved in the execution of the search warrant were engaged in an effort to kill him, his family, or Secret Service agents.”

The vagueness of the order would create a chilling effect on a political candidate who would have to self-censor to avoid possible contempt sanctions, including jail. For the United States government to seek such a limit on political speech should be widely condemned in the media and politics.

Under this order, the Justice Department would effectively limit what criticism could be voiced of its actions and intentions by the leading candidate for the presidency. For a candidate who has been subject to false allegations, including in the federal Russian collusion investigation, the gag would impose an unprecedented and unconstitutional limit on political speech.

It is another example of Smith’s lack of any sense of restraint in his pursuit of Trump. He has repeatedly shown a pronounced disregard for both due process and free speech in his prosecution of these cases.

Indeed, while the inclusion of the boilerplate language has been exaggerated and distorted, the real threat from the government is evident in the motion filed in response to that criticism. Smith has again fulfilled the narrative with another motion that speaks to his animosity and sense of impunity in the prosecution of Donald Trump.

The Smith motion should be denied and Attorney General Merrick Garland should exercise a modicum of responsibility in his supervision of the case. While Smith is being given broad discretion, that independence should not extend to contradicting core departmental policies on interfering with elections or curtailing free speech.

 

212 thoughts on “Special Counsel Jack Smith Demands a New Gag on Trump”

  1. Wow, a single Trump hater is leaving smelly turds everywhere. Not to worry, his life is miserable, and he will end up at a funny farm. The world will move on without him and there will be another love fest just like the ones in NJ and South Bronx. Trump will thereafter be elected President and fjb will be confined to memory care at a nursing home.

  2. More live tweets:

    A seething and unpopular Trump lashes out and belittles the audience as they boo him

    1. Did you watch your own video ?
      Trump was fine, the audience was fine. There were people booing him and people cheering him.

      If you do not want that – do not come to the libertarian convention.

      Regardless there was no unified opposition to Trump, and no unified support of him either.
      I doubt he will win the libertarian nomination – BUT HE ASKED FOR IT.

      Has Joe Biden ?

  3. More live tweets:

    Trump: Right now in this election, we need your help. We need your support.

    Crowd: Boooooo

    1. ATS -= the crowd on YOUR video was MIXED.

      Regardless, Trump showed up, and he asked for the Libertarian nomination for president.

      Unlike Biden who has spent his effort trying to shut down third parties.

      I doubt Trump will win the Libertarian nomination,
      Nor will he win the 3% of people who will vote for the libertarian candidate for President – and I may be one of thosedepending on who is nominated.

      But he did not insult anyone. The tiny percent of the vote libertarians get has been an upfront issue at EVERY libertarian convention.
      In the past we have nominated people like Bob Barr and Gov. Johnson and Gov. Weld in the hopes of boosting that percent – and we have been slowly growing.

  4. More live tweets:

    The “hypocrite” chants were so loud Trump had to stop speaking.

  5. More live tweets:

    Trump’s speech gets drowned out by chants of “HYPOCRITE!”

  6. The Trump haters are out in force tonight and sounding desperate. They have only hate. Their lives are miserable. But we have a lot of love ❤️

    1. Trump showed up at the libertarian convention, spoke, asked for their vote. The reception was mixed with both strong supporters and strong opposition.

      In other-words it was a typical libertarian convention.

      What was NOT typical was the Republican Candidate coming to the libertarian convention, making promises that appeal to libertarians, and asking for their nomination and support.

      Contra ATS that takes courage that Biden has never had.

      Biden gets Boos from Democrats.

      1. Biden has advanced dementia and has no clue where or who he is. He is a puppet with no agency of his own. Obama is making the decisions. This is his third term in his effort to end America as a free country and turn it into a socialist dictatorship.

  7. More live tweets:

    He could not handle being booed! He snapped and insulted the crowd!

    He harangued them for only getting 3% in each election. This man is a brilliant politician who knows how to win over voters.

    1. ATS – why should anyone beleive anything you say ? If Trump actually said something – you should be able to link to it.

      Regardless, so he insulted the libertarain party – everyone insults us. That is not new.

      Is Trump likely to win over voters that consistently vote libertarian ? Not likely. Just as he is unlikely to win over hard core left wing nuts.

      Depending on how you define libertarians are about 20% of the electorate. Most do not vote libertarian.

        1. How about an actual link to Trump speaking – without all the deceptive cuts and left wing nuts like you trying to tell us to beleive something different from what we are seeing.

          If you block out the left wing nut commentaryu and just focus on Trump and the response of those at the convention – it is a typical libertarian convention. Strong support, strong opposition.

          What is unusual – is Trump came.

          Where is Biden ?

    2. It is amazing the spin you put on YOUR OWN VIDEO.

      The percentage of the vote libertarians get is ALWAYS an issue at EVERY convention.
      There is ALWAYS a battle between different libertarians groups over nominating a candidte that will get more votes or one that is true to libertarian values.

      This is not NEW,

      If Trump did not say what he did – another libertarian would.

      You clearly know nothing about libertarians, their conventions or their party.

      Trump came, asked for their vote, and made campaign promises that will appeal to lots of libertarians.

      I doubt he will win the libertarian nomination. But he likely won alot of libertarian votes at the event you are stupidly calling a disaster.

  8. More live tweets;

    Trump tried to block the libertarians at their own convention in DC from attending the room where his speech was going to take place but the Libertarians stopped that scheme and booed the crap out of him for the entire speech. He was seething, he was angry and lost, he couldn’t handle it. He tried making all his empty promises but the crowd continued to boo him. He clenched his teeth in anger and started attacking the audience. Trump got to see what people really think of him when he’s not in front of his MAGA cult. A weak pathetic vile disgusting loser. We cover it here https://youtu.be/c8gkY1k-Fz0?si=mPT_ZM5ceJi7qIJy

    1. So you have a MiedasTouch video – have they EVER been right about Anything ? Left wing nuts here claim that anyone they disagree with only watches Fox. I regularly Follow MeisdasTouch they are reflective of the thinking on the left and I am always hopeful that I will be informed.
      So far mostly I learn how deluded the left is.

      First Trump came to the libertarian convention. That takes a great deal of courage. The Libertarian convention is ALWAYS nuts.
      I is nearly always the hard core of the hard core. At the same time Libertarians have FREQUENTLY nominated Republicans.

      Bob Barr was a Libertatian Presidential candidate. Governor Johnson was a Libertarian Presidential Candidate. Governor Weld was a libertarian Vice presidential candidate.

      Next, There is an enormous amount of synergy between libertarians are republicans. There are places that We Libertaraisn differe with Republicans – We are at odds with social conservatives, and NeoCons. Libertarians are Free Trade, Republicans are “freeish” trade which is not the same. But democrats are worse. Most libertarians support open borders. That does NOT mean we support the mess we have right now.

      Libertarian open boards means, most anyone is allowed into the country – legally, But that does not mean you get to violate other peoples property rights and bust in where ever you please. When you get in – your free to work or do anything else legal that you please.
      You are not not free to live off the rest of us – No one is – not immigrants, not citizens. No free ride for anyone, no entitlements.
      That is what libertarian open borders looks like. That is NOT like anything either republicans of democrats have even proposed.

      Next, the libertarian convention is open to anyone. Many libertarians are also republicans. There are ALWAYS alot of republicans at the libertarian convention, there are also alot of libertarians at the republican convention.

      Some people booed Trump. Some people Cheered. Regardless, Trump came to the convention, he threw his hat in the ring. He made appealing promises to libertarains, He was well received by some, and not by others.

      Was Joe Biden there ? Is there anything Joe Biden would promise that ANY Libertarian would be interested in ?

      You rant that Trump got booed by some libertarians – not suprising.
      Biden is getting booed by DEMOCRATS.

      Did Libertarians kiss Trumps ring (or his ass) nope. I doubt he expected that.

      But he came, and he spoke, and he asked for their vote, and he told them why they should vote for him, and he did so in the language of libertarians. That is impressive.

      You rant about delegates and attendees at the convention playing chair games.

      This is how ALL Conventions go all the time. Tibertarians are just less formally orgainized and bring their conflcits out in the open on the floor.

      Democrats make secret deals in back rooms.

  9. More live tweets:

    Holy shit. A guy just made a motion at the Libertarian National Convention for “Donald Trump to go f*ck himself” and the crowd all applauded.

    1. So ? There libertains. What do you expect.

      The Libertarian national convention is nearly always a circus.
      So are the democratic and Republican conventions.
      the difference is that the libertarians are atleast having fun.

      This is an article about censoring Trump and you are aghast about libertarains ?

  10. All the Trump haters have is hate. We, however, have a lot of love. Trump will rally in Chicago 100,000 strong, just like in NJ. And a huge portion will be Black Americans hurt by Biden.

  11. Someone please get inside the head of Ordinary Counsel Jack Smith and discover his motivation for replicating the appearance of Obama Bin Laden with the beard and scowl.

    1. Still unwilling to provide Raw unedited video of Trump at the actual event.

      It is if you are scared that without other people to tell us what really happened – we might beleive our own eyes.

    1. Comments from people live tweeting the event.

      Trump LOUDLY booed when he claims how much he’s being persecuted.

      This getting bad. Every time Trump mentions himself they just booooooooo

      Trump’s lies get drowned out with boos at the Libertarian convention

    2. Ultimately, Trump is not a conservative but a labor union liberal—unions are unconstitutional criminal organizations—but a return to the Constitution, Bill of Rights, and Naturalization Act of 1790—the borders, law, and population of America’s Founders—must begin somewhere, right? 

  14. What is so unfortunate is that you are not outraged by the Tweet from your dear leader, Trump, (as You maintain your subtle campaign to be his AG ) that prompted this move–where is your outrage about that? This is as you also advocated for self-pardon–which means that a President is above the law. This is exactly what is happening in Iran and Afghanistan–so the only difference between you and the “mullahs” who adminster injustice in Iran and Afghanistan is this: You wear a suit. If you’re offended, tough as “Facts Matter”. I do wish you continued success, though, in your campaign to be named Your Dear Leader’s AG.

  15. The fruits of an ideology should be proven as good before it has enough credibility to be taught to anyone.

  17. The modern left makes me gag, alright, and I’m a non-affiliated voter; I can’t even call it a clown show anymore because clowns are less ridiculous. This is what desperate elites look like, and they can stuff it and take their egos with them – we do not need them in this society, they flatter themselves thinking all would collapse without the ‘generosity’ of their wealth. 🙄 They are fragile and generationally self-inflated people and not to be taken seriously. May we beat the bejeezus out of them at the polls in a few months.

  18. The Black Americans in Chicago want Trump. He’s the only person who is willing to do something about their situation where they’re losing their housing to illegal aliens invited in by JB. A Trump rally in Chicago, like in the South Bronx, will be a love fest, and just like NJ it will draw 100,000 supporters. Get ready for major happiness … combined with major jealousy from the Trump haters.

    https://x.com/CitizenFreePres/status/1794462047725322466

  19. It was simple thuggery by DOJ. When a mobster sticks a gun in your face and says “Don’t worry, we threat everyone the same” you know BA when you hear it.

  20. Jonathan: There is no other way to put it. DJT is a pathological liar. He lied about the FBI search of MAL. And he keeps on lying about that. He is at this very moment sending messages to millions of potential donors with the headline: “Authorized to shoot me?” and “They’re itching to do the unthinkable!” DJT grifts off his donors by repeating lies.

    And then, of course, is DJT’s lies about the size of his rally crowds. This time about the size of the crowd at his South Bronx rally on Thursday. There were about 3,500 people around the podium where DJT spoke–because that was the authorized limit by the park permit. But DJT claimed the crowd was actually 25,000 and DJT proudly proclaimed that NY is now “in play”. He even bizarrely claimed “if we win in New York we can take over the country”. An interesting word play–“take over the country”.

    What is the reality? Law enforcement estimated the total crowd size was somewhere between 8 and 10,000. But reporters on the scene indicated many there were simply curious gawkers and walked away after DJT started to speak. Reporters interviewed a number in the crowd. And many were not even from the Bronx. Of those who wore red MAGA hats and other regalia identifying themselves as DJT supporters said they had come from as far away as Florida and Texas. To get any crowd size these days DJT has to bring in supporters in from other parts of the country.

    In DJT’s delusional fantasy he thinks Bronx voters and the rest of NY will be “Trump country” in November. Ain’t going to happen. The Bronx rally is the Wildwood, NJ rally redux!

    2. Dennis
      With all due respect, U R A Fluffer and a very poor one at that.

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