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.

 

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

  1. @ 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.

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

      What’s wrong with being gay?

  2. ‘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.

  3. 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.

  4. More live tweets:

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

        1. No, no!!!

          Don’t stop.
          I’m starving !!!!
          Keep feeding me.
          You know you can’t resist,

  5. 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.

  6. More live tweets:

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

  7. 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.

  8. More live tweets:

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

  9. 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?

  10. 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.

  11. 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.

  12. 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.

  13. 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 ?

  14. 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.

  15. Meanwhile, people seem to have forgotten that it’s been more than TWO MONTHS since the Supreme Court heard oral arguments in Murthy v. Missouri — premviously Missouri v. Biden — regarding Government censorship of the Internet.
    https://www.scotusblog.com/case-files/cases/murthy-v-missouri-3/

    So we’ve not just been waiting more than a month for SCOTUS to rule on Trump v. USA regarding presidential immunity, we’ve been waiting more than TWO MONTHS for a ruling about federal censorship of the Internet, and almost a YEAR since the federal court in Louisiana ruled on the case on July 4, 2023.

    For people familiar with the issues and evidence, it doesn’t seem like either of these cases should have taken more than a couple of weeks — tops — to resolve. Now both cases will likely become a part of political campaigning for the November election, when BOTH cases could have easily been resolved MONTHS AGO if SCOTUS had any desire to do its JOB.

    1. SCOTUS usually waits till late June to release its decisions in the politically sensitive cases. This seems consistent with their usual practice.

      1. Even uncontroversial cases usually do not see opinions until June.
        The supreme court USUALLY puts alot of thought into its decisions, and almost never rushes them.

        1. LOL — Per your argument, SCOTUS will have no choice but to spend HALF as much time ruling on presidential criminal immunity — which is an issue of FIRST IMPRESSION never before considered by any Supreme Cour— as they will spend on Internet censorship.

          I’ve no clue why you guys are manufacturing excuses for the golfing Supremes, all of whom will be laying in hammocks sipping martinis all day Memorial Day, because — why not? After all, Rome didn’t burn down in a day.

          1. One choice which likely wont but could happen is they kick the immunity decision into next term.
            There are pretty much not rules that govern the supreme court – they make their own rules.

            They do not have to hear a case – and do not most of the time.
            And they can spend as much time as they want on a case.

            The NORM is that cases they take during a term are decided and published in that term, and the norm is that most decisions come down in June.

            But none of this is required.

            It is very rare for SCOTUS to act quickly.

      2. Disagree. They’re dragging their feet, trying to find a way to please everyone (or displease everyone) instead of ruling on the LAW and doing so in an expeditious manner as REQUIRED by law. There’s probably some horse-trading going on whereby the republican-appointed majority is offering democrat appointees something in one of the rulings so as to get them onboard with one of the other rulings.

        And one of the big problems with this STALLING is that CURRENT events are overtaking the year-ole arguments that SCOTUS is ruling on. Censorhip of the Internet has resumed in full force, and Trump is facing crimal complaints in democrat courts, with a Manhattan jury poised to send him to prison in just a couple of days after receiving bogus jury instructions from a militant democrat judge. But I’m sure that no members of the jury have been watching or reading the news while on break (sarcasm).

        SCOTUS is being criminally slow to perform its function.

        1. I am NOT trying to address the multiple different motives of justices regarding their decisions.

          Are they moving slowly – Yes, they nearly always do.
          I expect the immunity decision will come down in late June.
          But it would NOT be unusual for a case that was taken late in the term with this large a different implications to be kicked into next term.
          The presidential civil immunity decision took 28 months.

          As has been noted – this is a case of first impression.

          It is NOT crystal clear what the constitution requires here.
          I strongly suspect the major constitutional factor that will likely drive this decision is that if they decide for no or limited immunity – they end up with huge constitutional and legal problems in ADJACENT matters.

          Since your so sure this is clear – what IS the law ? Can Barack Obama be charged criminally for murdering Anwar Al Alsari ?

          Whether you like it or not Presidents as a part of their jobs make decisions that result in acts that violate criminal laws of other countries, and even of our own country.
          We are seeing the UN ICC trying to Drag Netenyahue to the Hauge for for actually fallowing the laws of war.

          This is not an easy question with an obvious answer and the decision of the DC circuit is moronically stupid.

          Separately the requirement of speedy trials is a due process right of criminal DEFENDANTS.
          It is not a right of prosecutors. In fact it is highly abnormal for a prosecutor to be in a hurry.
          Criminal defendants tend to only be in a harry if they are incarcerated while awaiting trial.

          “There’s probably some horse-trading going on whereby the republican-appointed majority is offering democrat appointees something in one of the rulings so as to get them onboard with one of the other rulings.”

          Highly doubt that. I am not aware of that EVER happening in SCOTUS. It is however OFTEN true that a majority will make adjustments to a decision to secure a larger majority. The A14S3 decision was in 2 parts – a 5 justice majority for a broad oppinion, and a unanimous decision on a more narrow version.

          “And one of the big problems with this STALLING is that CURRENT events are overtaking the year”
          SCOTUS does not care.

          “ole arguments that SCOTUS is ruling on. Censorhip of the Internet has resumed in full force”
          False, post the preliminary injunction in the lower courts the Biden administration has assumed they were going to lose this decision.
          And even though PARTS of the injunction were lifted they have mostly refrained from the conduct that was found egregious by lower courts.

          “Trump is facing crimal complaints in democrat courts, with a Manhattan jury poised to send him to prison in just a couple of days after receiving bogus jury instructions from a militant democrat judge.”

          And how well is that working ?

          I rail against the same things you do, but in truth most of the bad conduct of the left is Self Harm – even if the courts never intervene.

          Democrat polsters found that Trump support would decline if he was indicted – yet the reality has been as Trump said – “I am one indictment away from a landslide”.

          I think the odds of this judge “doing the right thing” are near zero. There is a slightly larger chance he will toss this – because a conviction will be appealed and the decision that will ultimately come down from higher courts is going to be devastating. He has broken more rules and violated more due process rights that I have ever seen. Even his refusal to recuse is going to be slammed by higher courts.
          The easy way out is to grant the decision for a mistrail. But I think the odds of that are low.
          His recent behavior suggests he is headed fully steam ahead towards “stitching up Trump”
          Again many polls suggest that will hit Trump by 2-4pts in the polls.

          But I do not think that is the case. In fact it may even backfire.
          Trump is not going to jail. The moment the case is appealed – Merchan loses jurisdiction.
          And the appeals court is going to do nothing for a year or two. UNLESS Merchan tries to do something NOW – like Jail Trump.

          Yes I think SCOTUS should shut this lawfare down – but that is ever more likely the worse the left behaves and the longer it takes for SCOTUS to weigh their decisions.

          You talk about horse trading in the courts. I do not think there is much of that, but the courts ARE sensitive to many external factors.

          A MAJOR problem Trump had in 2020 is that there was no possibility on earth that Trump won the popular vote.
          While that does NOT determine the election. The courts do not want to change an election result AGAINST the popular vote based on claims of fraud. They are supposed to blindly follow the law. But they are influenced somewhat by popular opinion.

          That is why Trump MUST will the popular vote in 2024 – or more accurately he must lead int he polls on election day.

          If Trump is up by 2pts on election day and Biden wins by 44K votes – the courts will take claims of fraud very seriously.

          In a national election I think that about 0.5% of the vote is the largest possible fraud a candidate can get away with.

          “But I’m sure that no members of the jury have been watching or reading the news while on break (sarcasm).”
          I suspect they are too.

          I am not sure what this jury will do. Merchan is working incredibly hard to give them no option but to convict.

          In the end it does not matter. I think the important Jury has already spoken. I do not think a conviction will hurt Trump atleast not more than temporarily. It probably will backfire and help him.

          And all this lawfare is about the election – not criminal justice.

      3. The Art of War
        https://classics.mit.edu/Tzu/artwar.html

        4. Now, when your weapons are dulled, your ardor damped, your strength exhausted and your treasure spent, other chieftains will spring up to take advantage of your extremity. Then no man, however wise, will be able to avert the consequences that must ensue.

        5. Thus, though we have heard of stupid haste in war, cleverness has never been seen associated with long delays.

        1. Because you say so ?

          You can check the date published for nearly every supreme court decision.
          Cert is granted through out the year. Briefs are filed, arguments held, denial of certs throughout the year,
          decisions by individual justices regarding administrative matters in their circuit – throughout the year.

          But actual decision such as the A14S3 decision what WAS expedited are very rare outside the june window.

          Justices and their clerks spend the entire term researching writing and reviewing decisions, and then the final version is typically released in June. There are recods of all of this on places like Cornell Law or scotus blog.

          BTW it is also possible that the court will carry the immunity decision over until the next term. I think that is unlikely – though it took them over 2 years to decide presidential Civil immunity.

  16. More live tweets:

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

  17. 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. Not Trump “haters” (plural) — it’s just the SAME TDS idiot posting comment after comment after comment.

    2. 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.

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