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. The difference between Trump at Libratarian conventing, and his reception. (which is nothing like ATS is claiming) and Joe Biden Evenst.

    Biden cant get 100 people that care enough to show up at his events. Even the deep pocket money guys in Silicone valley are pulling their cash from Biden. Uping their support of Trump

    Yes serious donors support both.

  2. While the instructions for the investigation may have been typical boilerplate, this was not a typical event but the persuit of a former president. There should have been specific and detailed instructions provided..

  4. One other point to address regarding Trump’s appearance at the libertarian convention.

    The Single most significant point of opposition that resulted in the most conflict and booing was Trump’s SUPPORT of Lockdowns, and the other Covid nonsense.

    Absolutely Libertarians are angry with Trump over his very anti-libertarian handling of Covid.
    And this is what they called him a Hypocrite over.

    But you are not in your right mind if you think that translates to support for the FAR worse conduct of Joe Biden.

    After being Driven by ATS to watch the FULL Trump speech, I was surprised at how much Trump was offering Libertarians.

    While there is alot of Common Ground between MAGA and libertarians, there is a lot of conflict – though NONE of that leads to support of democrats.

    But there are also alot of libertarian specific demands and policies that Trump addressed.

    Some of These will alienate neocons, deep staters, Rhino’s and other republican groups.
    But they are important to libertarians.

    The promise to commute Ross Ulbrichts sentence means nothing to most people – it is a HUGE win for libertarians.

    it would have been nice if he addressed Asange and Snowden – though Ulbricht is the really big libertarian deal.
    And not going to be popular with some GOP groups.

    Further Trump explicitly promised libertarians a “seat at the table” – he promised that LOTS of libertarians are going to be in Trump governemnt.

    This is also huge it moves the GOP more libertarian AND it means libertarians get positions in government that make it easier to get elected in the future.

  5. ATS have been ranting nonstop about Trump’s appearance at the libertarian convention.

    As is usual – his claimas are ABSURD and divorded from reality

    Wes the Libertarian convention 100% supportive of Trump ? No. Nor should them be.

    Below is a 1:29m video of the ENTIRETY of Trump’s 50min speach.

    Trump does not start speaking until 22min in.

    Regardless, while his appearance was not an overwhelming Trump victory at the Libertarian convetion – the remarks of ATS and the sources he linked to are complete and total garbage.
    Trump was one of many speakers – including other republicans of a libertarian bent – like Sen. Less, and Vivek. As well as RFK Jr.

    I would further note that while Trump spent his 50min listing his accomplishments – especailly those that would most appeal to libertarians.
    He also made many very specific promises – and that is HUGE from Trump, because more so than any other political candidate Trump keeps the campaign promises he makes.
    He promised to end the federal governments efforts to hinder the private ownership of Bitcoin. This is a very big deal – the US govenrment possibly more so than any other in the world while not trying to destroy crypto is ACTIVELY trying to make sure that it NEVER becomes real money.
    That you will not be able to go to the store and buy things with it, that you can not possess bitcoin outside of an exchange.
    He also promised there would be NO Government issued crypto currency.
    Separately he promised to commute the Sentence of Silk Road operator Ross Ulbrecht on Day one of his presidency.

    These and several other promises are appeals that have very little traction outside of the libertarian community.

    Trump did his homework and spoke to libertarians about what libertarians wanted to hear.

    Nor as ATS claims did libertarians drive Trump off the stage.

    Overall the response to Trump was NET favorable. But do not trust me – watch the Video – what Trump actually said, what the audience actually said and did.

    https://youtu.be/9-XVDp2YID8

  6. More live tweets:

    “No wannabe dictators” protesters hold up flag to Trump at LP convention

  7. More live tweets: This one is really good.

    “‘Trump sold gold high-tops at SneakerCon; maybe he can sell us gold dildos to f— ourselves with,’ said Thomas Knapp, 57, a delegate from Florida.”

      2. Gosh, if they sculpt your face on them they can be a butt plug, just like you.

  8. @ John Say

    I love the Gay Pride icon next to your name.

    Are you trying to tell us something ???

    1. I have used several Gravatars
      Most are artistic renditions of the statue of liberty.
      The one you are refering to is a combination of a rainbow and gadsen flag.
      Maybe I have to add the “Appeal to Heaven” flag that ATS is ranting about to my list of Gravatars.

      I am libertarain. I am NOT Republican, I voted for Gary Johnson in 2016, and Jo Jo Johnson in 2020

      I beleive in individual liberty in all things EXCEPT the initiation of FORCE against others.
      I am not an anarchist, I am not an anarcho-capitolist – though I am pretty close to that end of the libertarian spectrum.

      I have gone to a great deal of effort throughout my life to correct errors in my principles and values as I have found them.

      Many of my posts here are attacked as ProTrump. I am NOT a Trump supporter.

      That mostly has to do with the issues that are brought up here, and the incredibly stupid arguments made by left wing nuts here.

      Politically libertarians and SOME conservatives share alot of common ground.
      Conservatism is NOT an ideology – libertarianism is. Progressivism is a dangerous ideology.

      When the threat to free speech in this country came from the RIGHT, I stood up to the RIGHT.
      When the efforts to enmesh us in endless wars came from the RIGHT – I stood up to the right.

      I have written about the militarization of the police – BTW Turley is INCORRECT – Deadly force authorizations are NOT normal in warrants and MUST be signed off by the AG or the FBI Director.

      My comments here often do NOT reflect my actual views on many subjects – because there are more than two sides and because on issue after issue the left has just gone Batschiff crazy.

      I do NOT support defunding the police. I DO support brightlines regarding the powers of police. I DO oppose the militarization of police.
      Policing is very important – we need MORE not less, But we also need the police to be constrained by bright lines, we need them to be part of the communities they serve.

      I have been fighting FOR equal rights for gay and trans people since 1978. I have also been extremely disappointed as many of the people I fought side by side with have sought revenge against those they view as their past oppressors.

      I do NOT support MTF trans in Womens sports, I fully support the right of someone to be trans. But being MTF Trans is NOT the same as being a women.

      I do NOT support sexualizing our children. I am not especially opposed so HS Sex education – but the evidence after 50+ years is that it has failed to accomplish anything of value – there is pretty much nothing it was supposed to improve that has actually improved.

      I would greatly prefer an end to public schools. A private school can teach whatever it wants, and a parent can decide whether to send their kid there. If Public schools MUST exist, there focus should be on CORE subjects – until graduates can actually read and write.

      Returning to law enforcement – my Wife is a public defender and has been for 20 years. She now has a masters in Restorative practices – which has a bad name on the right – possibly because as with many things – the left mangles language to change the meaning.

      Restorative practice is what I would call a luxury good of criminal justice – though it has applications beyond criminal justice.

      We over incarcerate people in this country. There are many reasons for that, but one is because there are a FEW people so dangerous they never should get out of prison if convicted. But that is not most. We know of means to reduce the odds that a released criminal re-offends.
      These processes are NOT EASY, do not work 100% of the time or even 60% of the time. But they DO work. And while they are expensive they are cheaper than lifetime incarceration.

      We do not often address the issues on Turley.org where my views are at odds with those of the right. Even though there are LOTS of those.

      is a combination of a rainbow flag and the

      1. @ John Say 1:49

        Absolutely classic example of pressure of thought and pressure of speech.
        Completely unable to control the urge to give voice to every disconnected fleeting thought in a rambling nonsensical rant.

        Classic bipolar disorder.

    3. Why do leftist always smear people by accusing them of being gay? Shaming them with being gay.

      What’s wrong with being gay?

  9. More live tweets:

    Folks, Trump was booed from beginning to end. Loudly.

  10. ‘Warning signs’ for Truth Social as users flee platform while Trump’s legal woes grow

    Not only is Donald Trump’s Truth Social losing money at an astonishing pace, it is also shedding users who appear to be abandoning the embattled president.

    Earlier in the week it was reported that Trump Media reported a net loss of nearly $330 million with revenues of a little over $700,000 for the first three months of 2024, at a time when the stock was still rising.
    “Nearly two-and-a-half years after its launch, Truth Social is struggling to hang onto its small U.S. user base,” adding, “So far in May, U.S. daily visits to Truth Social have dropped more than 21% from April, and more than 35% compared to March, according to digital intelligence platform Similarweb.”

    What should be even more alarming for executives of the embattled platform is that Trump — the most prominent user of Truth Social — has been flooding his stream with updates and commentary about his Manhattan hush money trial and it has done nothing to increase engagement, add new users or stem the exodus of previous users.

    “The traffic has declined even as Trump — the most prominent Truth Social user and the majority shareholder of its parent company, Trump Media — has saturated the national news with coverage of his criminal trial and White House bid,” the report states before adding, “new analyses could be warning signs for Trump Media, whose business depends in large part on growing its user base.”

    As Similarweb analyst David Carr explained, “If you can’t demonstrate that you have a sizeable, active, engaged, growing audience, I don’t understand how you create a successful ad-supported social media business.”

    1. ATS
      DJT closed friday at 45.66

      Donald Trump’s net worth – most of which is now in DJT stock is $7.1B as of 5/26/24
      That is up from 2.68B on 1/1/2024

      As is typical – you post a never ending stream of half truths and outright lies.

  11. The Trump family honoring our fallen service members on Memorial Day by giving people 30% off their Trump shit so they can make a few bucks.

    Don’t miss out MAGA morons. Limited time only. Send this MULTI-BILLIONAIRE all your hard earned money. He needs it more than you.

    1. Buy, don’t by, the choices is yours, that is how free markets work.

      Trump is not FORCING people to buy diswashers that Suck or taking away their gas stoves.
      If you do not want a Trump bible or golden sneakers – do not buy them.

      1. The post about Trump selling his junk is not about free markets.
        How the hell did you fly off on that tangent.
        It was criticism of a scamming grifter trying to make a buck on the backs of fallen service members.

        You clearly have some severe mental problems if you think the post has any relevance to free markets or economics.

        1. “The post about Trump selling his junk is not about free markets.”
          Of course it is.
          “How the hell did you fly off on that tangent.”
          Not a tangent.

          “It was criticism of a scamming grifter trying to make a buck on the backs of fallen service members.”
          Has Trump used force to require anyone to buy something he is selling ?
          Are you saying that servicemen or anyone else is too stupid to make choices about what they will or will not buy ?

          This nonsense is the lingua franca of you left wing nuts.

          You rant about other people making free choices that you do not like and want to prevent them from doing so.

          I have no interest in Trump Sneakers or Trump bibles.
          So I have not bought them.
          But I have no problems with others deciding differently.

          I am not trying to force people to buy electric cars, I am not trying to prevent them from doing so.
          I am not using other peoples money to incentivize by force shoices I prefer such as electric cars.

          I am not trying to prevent people from buying gas stoves.

          “You clearly have some severe mental problems if you think the post has any relevance to free markets or economics.”
          Of course it is about free markets.

          That is EXACTLY what free markets are about – anyone’s ability to sell anything they want to others who wish to buy it.

          An actual free market means – YOU do not get to decide what Trump or anyone else can sell to others who wish to buy it.
          YOU do not get to decide what others wish to buy.

          Only in left wing nut world is offering some group a discount, Grifting.

          At the libertarian convention – that you ranted was so hostile to Trump, Trump promised to commute the sentence of silk road operator Ross Ulbrecht on DAY ONE of his presidency – one of MANY promises and remarks that were well received.

          I have no problem with Trump selling golden sneakers to who ever will buy them.
          I have no problem with people on Silk road selling Heroin to whoever will buy it.

          It is called Free markets – not grifting.

          What is EVIL is those trying to restrict free markets.

          Coases law tells us that where property rights are strongly protected, and government does NOT burden free exchange, that Free exchange with solve all our problems and allocate resources better than anything else.

          The fact that I do not want to buy gold sneakers or Heroin does not mean I am entitled to try to preclude others who DO want those from buying.

          it is not Grifting to sell people what they willingly choose to buy.

          It is hoever EVIL to try to prevent that.

  12. More live tweets:

    After getting booed for 20 minutes Trump finally gets pissed and snaps on them.

  13. More live tweets:

    This is a disaster for Trump. He’s sweating like a pig. Reading his speech five times faster than normal trying to get the hell out of there while being loudly booed and heckled the whole time. Whoever had this idea is getting fired.

  14. More live tweets:

    Trump is RELENTLESSLY AND MERCILESSLY BOOED when he tells libertarians they should nominate him.

  15. More live tweets:

    Maybe Jonathan Turley can write an article for Trump about how amazing his speech to the libertarians was and how much they loved it so Trump can read it in court on Tuesday for Fox.

  16. More live tweets:

    What does Jason Miller have on the schedule next for Trump, the BLM annual meeting or the Antifa rally?

  18. More live tweets:

    After that libertarian fiasco, I was wondering if Jason Miller has Trump booked to ride a float in the San Francisco Pride parade next month?

  19. More live tweets:

    Trump’s flop sweat, extra thick layer of bronzer, and 45 minutes of getting booed relentlessly resulted in a new facial shade of magenta I don’t think anyone has seen before.

  20. More live tweets:

    Golf all day, then fly to DC to get booed and heckled by libertarians.

    Another productive day for the well-oiled machine that is the Trump campaign.

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