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.
Hardly surprising to see Professor Turley stepping up to the plate to state that the 2024 Republican presidential nominee has every right to claim the FBI “was authorized to shoot me” & insist he & his family could be mowed down by FBI agents at any moment. This is not the first time Trump used this type of age of rage rhetoric. Right after the FBI searched Mar-a-Lago 2 years ago, a Trump fund-raising email proclaimed “Joe Biden was locked & loaded ready to take me out & put my family in danger.”
Results? Last year, a Trump supporter was sentenced to 2 years in prison after confronting FBI agents with an assault rifle & insisting that the entire FBI deserved to die &expressed a desire to leave agents’ children without parents.
Of course, what really rankled Turley was when a man was arrested by the FBI for threatening the life of Brett Kavanaugh.
Let’s give Bill Barr the final word on the indictments filed against Trump by Jack Smith:
Barr: “Over time, people will see that this is not a case of the Department of Justice conducting a witch hunt. In fact, they approached this very delicately and with deference to the president, and this would have gone nowhere had the president just returned the documents. But he jerked them around for a year and a half.”
“Smith is laying a trap for Cannon.”
You people are smoking crack. Denial of an application for a clearly unconstitutional gag order is not grounds for recusal.
Dream on!
Jack Smith, Letitia James, Arthur “The Moron” Engoron, Juan “The Con” Merchan. Melina Abdullah, Tlaib, AOC, Bush, Cornell West and all of the other depraved, degenerate Marxist scumbagwormmeat inferior creatures need to be deported to Iran. and taken care of like the lowlife subhuman in this video:
https://www.youtube.com/shorts/HBHldSfhzzs
How Corrupt Is The FBI?
“I’m finance director for Donald Trump in Mississippi, so we raise money. I’ve talked to a number of very wealthy individuals that God has blessed, that say I can’t give money to Donald Trump because the FBI would show up at my door.”
“I tell them, think of what you just said. If you make a legitimate, honest campaign contribution to the Republican nominee for President, the FBI will come to your door.
And they acknowledge that’s a reality in the United States of America.”
https://x.com/WallStreetApes/status/1794168960256290880
The FBI are depraved, degenerate Marxist scumbagwormmeat that need to be expelled from civilization and dropped shipped to Iran or some other uncivilized lowlife nation of degenerate subhumans.
https://x.com/ILA_NewsX/status/1794170091577450712/photo/1
Jonathan, the gag order isn’t about Trump. It’s Smith trying to get Judge Cannon kicked off the case. He’s trying to trap her so if she refuses his absurd gag order, he’ll trumpet this as grounds for her recusal. It’s thoroughly slimy. How do we know? Andrew Weissmann publicly applauded it as a smart move.
libturds are professionals at violating constitutional rights. Did they get taught this in law school? How to break laws, with impunity. James, Smith, Bragg and Willis are crooked as snakes.
The unconstitutional motion should be denied and Smith held in contempt for presuming a kurt would go along with his attack on the Constitution. This is the only way to have him learn, it would seem. Further, Trump should seek a gag order against the govenrment forbidding any and all comments on the case as the government has demonstrated it uses any and all statements to try and undermine the due process of law rights of the defendant.
Tell Randy Weaver and his family, particularly his son and wife, or the Branch Davidians that those were JUST “boilerplate” clauses. It’s all “boilerplate” until the bullets start flying for no reason. Funny thing, the dead can’t care (nor testify)
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.
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..
The libertarian case for Trump
https://spectator.org/the-libertarian-case-for-donald-j-trump/
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.
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
More live tweets:
“No wannabe dictators” protesters hold up flag to Trump at LP convention
ATS
Trump’s actual speech – begining to end – without editorial nonsense.
https://youtu.be/9-XVDp2YID8
Trump starts at 22min in.
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.”
ATS
Trump’s actual speech – begining to end – without editorial nonsense.
https://youtu.be/9-XVDp2YID8
Trump starts at 22min in.
what/who is ATS???
The dildos will be very small and shaped like a mushroom.
Hillary will buy several.
Gosh, if they sculpt your face on them they can be a butt plug, just like you.