(Photo by Scott Olson/Getty Images)
Katelynn Richardson Contributor
Special Counsel Jack Smith’s office’s requested gag order against former President Donald Trump is not quite as “narrowly tailored” as he claimed, legal experts told the Daily Caller News Foundation.
Prosecutors asked U.S. District Judge Tanya Chutkan on Sept. 15 to issue a “narrowly tailored” gag order barring Trump from making public statements that are “disparaging and inflammatory, or intimidating” toward any “party, witness, attorney, court personnel, or potential jurors,” as well as any statements “regarding the identity, testimony, or credibility of prospective witnesses.” The scope and circumstances surrounding the request — which a hearing scheduled for Monday will consider — are far outside what is normal in criminal trials, experts told the DCNF.
Zach Smith, Heritage Foundation legal fellow and former assistant U.S. attorney, told the DCNF that gag orders are “generally heavily disfavored under First Amendment law” and that the typical reasons for issuing one are likely not “right in this case.”
Securing a gag order requires showing clear and present danger, an imminent threat or some other compelling government interest, as well as demonstrating there was no less restrictive means of achieving the goal and that the order is narrowly tailored, Smith explained.
Since Trump is a presidential candidate, Smith said the gag order could create “a very odd situation of witnesses who maybe have proven themselves political players, being able to comment on Donald Trump, being able to attack and him not being able to respond, which would be very problematic.”
CEDAR RAPIDS, IOWA – OCTOBER 07: Republican presidential candidate former President Donald Trump departs a rally on October 07, 2023 in Cedar Rapids, Iowa. The rally was the second of two the former president hosted in Iowa today. (Photo by Scott Olson/Getty Images)
Trump’s lawyers argued that the gag order was an effort to censor political opposition as he gains in the polls against President Joe Biden. (RELATED: ‘Desperate Effort At Censorship’: Trump Lawyers Press Judge To Deny Jack Smith Gag Order Request)
“His administration’s plan is quite simple: unleash a 45-page speaking indictment, discuss and leak its talking points in the press, and then cynically attempt to invoke the Court’s authority to prevent President Trump and those acting on his behalf from presenting his side of the story to the American people during a political campaign,” lawyers argued.
John Shu, an attorney and legal commentator who served in the George H.W. Bush and George W. Bush administrations, said it is “highly unlikely” his lawyers will be able to demonstrate the Special Counsel office’s “primary purpose behind its asking for a gag order is to censor or suppress his political speech or presidential campaign. Nevertheless, Shu said it may be an “unavoidable side effect.”
“Courts are generally leery of prior restraints on political speech, and there is no practical way for Trump to run for president without discussing his many pending criminal and civil cases, all of which are very much in the public eye,” he continued.
Shu said that a gag order preventing Trump from making “intimidating or disparaging statements” against court staff, jurors or witnesses could be more likely to hold up on appeal. But a gag order barring such statements against the federal government, judge or prosecutors likely would not.
“Because constitutional rights in a criminal trial, such as the 1st, 5th, and 6th Amendments, belong to the defendant, not to the prosecutors, a gag order which prohibits a defendant from criticizing the government or a public figure is much less likely to survive appellate scrutiny,” Shu said.
Smith told the DCNF this gag order request is “uncharted territory in a lot of ways.” “Based on the scope of the gag order Jack Smith is seeking, if the judge accepts this as written, it puts Trump in a very disadvantageous position,” he said.
All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.
https://dailycaller.com/2023/10/15/very-problematic-jack-smiths-proposed-gag-order-against-trump-isnt-as-narrow-as-claimed-legal-experts-say/
REUTERS/Jonathan Ernst/File Photo
Former President Donald Trump slammed special counsel Jack Smith Friday for trying to secure a gag order in a post on Truth Social.
Smith requested a “narrowly-tailored” order, claiming that Trump’s comments on social media and elsewhere about the case “are intended to undermine public confidence in an institution — the judicial system — and to undermine confidence in and intimidate individuals –the Court, the jury pool, witnesses, and prosecutors,” according to ABC News. Trump pleaded not guilty to all charges during his Aug. 3 arraignment after Smith secured a four-count indictment of Trump relating to his efforts to contest the results of the 2020 election. (RELATED: ‘Criminalization Of Political Speech’: Jonathan Turley Weighs In On ‘Tainted’ Special Grand Jury’s Recommendations)
“Biden Prosecutor, Deranged Jack Smith, has asked the Court to limit 45th President, and leading Republican Nominee (by more than 50 points, & beating Dems!) DONALD J. TRUMP’S, PUBLIC STATEMENTS,” Trump posted on Truth Social.
“So, I’m campaigning for President against an incompetent person who has WEAPONIZED the DOJ & FBI to go after his Political Opponent, & I am not allowed to COMMENT?” Trump asked. “They Leak, Lie, & Sue, & they won’t allow me to SPEAK? How else would I explain that Jack Smith is DERANGED, or Crooked Joe is INCOMPETENT?”
Legal experts noted that much of the conduct Smith claimed was criminal in the indictment appeared to be protected by the First Amendment. Harvard University law professor Alan Dershowitz said that the indictment not only attacked the First Amendment, but also Trump’s Sixth Amendment right to counsel.
All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.
Mario Tama/Getty Images
Former President Donald Trump has been indicted for a third time.
Officials announced Tuesday that Trump has been indicted in relation to his alleged attempt to interfere in the 2020 election and alleged involvement in Jan. 6.
Trump was charged with “Conspiracy to defraud the United States,” “Conspiracy to corruptly obstruct and impede the January 6 proceedings” and “A conspiracy against the right to vote and to have one’s vote counted.”
“This is nothing more than the latest corrupt chapter in the continued pathetic attempt by the Biden Crime Family and their weaponized Department of Justice to interfere with the 2024 Presidential Election, in which President Trump is the undisputed frontrunner, and leading by substantial margins,” the Trump campaign said in a statement.
Trump announced in mid-July that he received a target letter from special prosecutor Jack Smith informing him he was under investigation for allegedly trying to overturn the 2020 election.
Trump reacted to the news moments before it broke, posting on Truth Social that Smith purposely waited because he “wanted to put it right in the middle of my campaign.”
“Prosecutorial misconduct!”
The former president was recently indicted on 37 charges regarding his alleged mishandling of classified documents. Trump pleaded not guilty to all charges. (RELATED: Obama Says Trump Indictment Shows ‘Nobody Is Above The Law’)
Manhattan District Attorney Alvin Bragg also indicted Trump in relation to former Trump attorney Michael Cohen, who allegedly paid $130,000 in hush money to former porn star Stormy Daniels.
[Screenshot/Fox Business]
The former president faces two separate indictments, the first brought by Manhattan District Attorney Alvin Bragg and the other by Special Counsel Jack Smith, who Attorney General Merrick Garland appointed to oversee the documents case. Bragg’s office indicted Trump in relation to his former attorney Michael Cohen allegedly paying $130,000 in hush money to former porn star Stormy Daniels, and the second indictment charges the former president with 34 counts for storing classified documents in his Mar-a-Lago residence.
Trump equated his charges to his fight for the American people, and claimed Bragg’s office and the Biden administration’s Department of Justice are intentionally targeting him.
“The people of our country get it. As far as I’m concerned, I consider it a badge of honor. To be indicted, I would consider a badge because I am doing it for the country and I am doing it for the people,” Trump said.
“Look, I’m fighting for, I think 225-250 million people. I think that’s the real number, okay? I’m fighting for a lot of people. That’s much more important than me.” (RELATED: Trump Admits It Was ‘Probably’ A Mistake To Hire FBI Director Christopher Wray)
He then compared the criminal charges of former Trump campaign chairman Paul Manafort to the first son Hunter Biden, who agreed to plead guilty to illegally purchasing a gun and to failing to pay his taxes in 2017 and 2018 in exchange for avoiding jail time. A jury found Manafort guilty on eight counts of tax evasion and bank fraud in 2018.
“Hunter Biden got a traffic ticket,” Trump said. “Compare Hunter Biden to Paul Manafort. Paul Manafort was put in solitary confinement, they wanted to destroy him. All they wanted him to do was say something bad about me. This guy had tremendous courage. He said ‘I’m not gonna lie. I can’t say anything bad. Trump is a great president. He’s a great president, I’m not gonna do it.’ He went into solitary confinement over nothing compared to what Hunter Biden’s done.”
Trump warned other Republican presidents will be falsely charged and intentionally targeted by federal prosecutors.
“The point is this. Any other Republican that gets this position will be attacked the same way. These are fascists, they’re communists, they’re Marxist, they’re radical left Democrats. They’re sick people,” he concluded.
The former president said the indictment is “ridiculous” and has continued to deny any wrongdoing. He pleaded not guilty to the charges brought by Bragg and the 34 counts related to the classified documents.
https://justthenews.com/politics-policy/all-things-trump/special-counsel-jack-smith-uses-trumps-appearance-gun-store-reason
https://justthenews.com/politics-policy/jim-jordan-launches-probe-abusive-tactics-jack-smiths-office
https://justthenews.com/politics-policy/jordan-presses-white-house-over-meetings-jack-smith-staffer
https://justthenews.com/politics-policy/court-restricts-jack-smiths-access-gop-rep-perrys-phone-data-jan-6-probe
https://justthenews.com/government/courts-law/biden-officials-met-special-counsel-jack-smiths-aide-weeks-trump-indictment
https://justthenews.com/videos/mike-davis-theres-no-excuse-jack-smiths-staffer-meet-biden-white-house
https://justthenews.com/politics-policy/gop-rep-ogles-moves-defund-salary-special-counsel-jack-smith
https://justthenews.com/videos/rep-mtg-says-shes-working-hard-colleagues-legislation-defund-special-counsel-jack-smith
https://justthenews.com/videos/special-counsel-jack-smith-jan-6-was-unprecedented-assault-american-democracy
https://justthenews.com/videos/trump-indicted-third-time-jack-smiths-2020-election-probe
https://justthenews.com/government/courts-law/jack-smiths-team-admits-incorrect-claim-about-evidence-trump-classified
https://justthenews.com/government/courts-law/jack-smith-admits-he-included-inaccurate-info-when-asking-judge-hide-trump
https://justthenews.com/videos/special-counsel-jack-smith-doj-will-seek-speedy-trial-trump-indictment
https://justthenews.com/politics-policy/gaetz-prepare-bill-defund-special-counsel-jack-smiths-trump-investigations
https://justthenews.com/nation/states/center-square/trump-says-jack-smith-should-be-jailed-after-superseding-indictment
https://justthenews.com/government/courts-law/judge-overseeing-trump-classified-documents-case-deals-blows-special-counsel
https://justthenews.com/videos/special-counsel-jack-smith-announces-new-charges-mar-lago-classified-documents-case
https://justthenews.com/government/courts-law/jack-smith-spent-55-million-his-trump-investigation-just-4-months
https://justthenews.com/podcasts/john-solomon-reports/rep-claudia-tenney-special-counsel-jack-smith-da-alvin-bragg-using
https://justthenews.com/politics-policy/elections/5-election-illegalities-2020-presidential-election-contradicting-trump
https://justthenews.com/government/courts-law/jack-smith-urges-american-people-read-his-indictment-doesnt-mention-last
https://justthenews.com/podcasts/bauer-and-rose-podcast/bauer-and-rose-jack-smiths-kill-shot-about-much-more-djt-its-kill
https://justthenews.com/government/courts-law/ex-virginia-gov-whose-conviction-jack-smith-was-tossed-says-hed-rather-win
https://justthenews.com/videos/mike-davis-jack-smith-we-clearly-have-two-systems-justice-america
https://justthenews.com/videos/rep-mtg-pushes-defund-special-counsel-jack-smith-and-his-investigation-against-trump
https://justthenews.com/videos/political-hit-job-former-president-trump-calls-special-counsel-jack-smith-deranged
https://justthenews.com/videos/tom-fitton-suing-bidens-doj-refusing-disclose-names-special-counsel-jack-smiths-staff
https://justthenews.com/government/courts-law/smith-claim-about-no-hacked-election-systems-could-boomerang-him-during-trump
https://justthenews.com/politics-policy/bill-oreilly-likens-trump-cases-salem-witch-trials-driven-fanatics
https://justthenews.com/accountability/political-ethics/new-trump-special-prosecutor-overturned-supreme-court-tied-irs
https://justthenews.com/podcasts/john-solomon-reports/former-bush-official-says-georgia-prosecutors-violated-federal
https://justthenews.com/government/congress/jim-jordan-launches-probe-fulton-countys-2020-election-case-against-trump
https://justthenews.com/government/congress/tueincoming-house-chairmen-cast-doubt-trump-special-prosecutor-citing-past
https://justthenews.com/videos/rep-tenney-democrats-are-engaging-lawfare-against-their-opponents
https://justthenews.com/videos/rep-donalds-government-should-not-be-funding-rogue-prosecutors
https://justthenews.com/videos/kash-patel-dojs-policy-not-interfering-elections-thrown-out-when-it-involves-trump
https://justthenews.com/government/courts-law/ny-ag-james-alleges-trump-inflated-net-worth-billions
https://justthenews.com/politics-policy/trump-after-arraignment-was-never-supposed-happen-america
https://justthenews.com/politics-policy/nearly-23-americans-say-trump-indictment-politically-motivated
https://justthenews.com/podcasts/bauer-and-rose-podcast/bauer-and-rose-noose-around-biden-tightens-meaning-it-must-be-time
https://justthenews.com/politics-policy/house-republican-aims-defund-sham-trump-prosecutions-until-after-2024-election
https://justthenews.com/politics-policy/trump-fumes-over-georgia-grand-jury-report-zero-credibility
https://justthenews.com/politics-policy/all-things-trump/trump-calls-supreme-court-intercede-lawsuits-against-him-citing
https://justthenews.com/politics-policy/all-things-trump/trump-accuses-special-prosecutor-threatening-his-team-over
https://justthenews.com/government/courts-law/watchdog-sues-doj-seeking-names-special-counsel-staff
https://justthenews.com/politics-policy/desantis-rejects-insurrection-label-jan-6
https://justthenews.com/politics-policy/mccarthy-backs-trump-amid-possible-jan-6-charges-he-told-people-be-peaceful
https://justthenews.com/politics-policy/all-things-trump/will-trump-special-prosecutor-backfire-democrats-some-think-so-and
https://justthenews.com/government/federal-agencies/jim-jordan-presses-ag-garland-details-special-counsel-probe-trump
https://justthenews.com/nation/states/center-square/trump-says-proposed-trial-dates-show-partisan-department-justice
https://justthenews.com/politics-policy/all-things-trump/trump-every-time-more-biden-corruption-exposed-his-henchmen-indict
https://justthenews.com/government/courts-law/doj-special-counsel-subpoenas-swing-state-election-officials-trump
https://justthenews.com/accountability/political-ethics/fbi-irs-probed-possible-criminal-violations-involving-joe-bidens
https://justthenews.com/politics-policy/trump-reacts-doj-not-charging-pence-im-least-innocent-he
https://justthenews.com/podcasts/victor-davis-hanson-show/victor-davis-hanson-crime-and-punishment-how-left-weaponized-our
https://justthenews.com/videos/bill-oreilly-says-j6-trump-investigation-requires-truth-about-fbi-involvement
https://justthenews.com/politics-policy/all-things-trump/top-gop-senators-raise-concerns-about-justice-departments-special
https://justthenews.com/politics-policy/trump-vows-appoint-special-prosecutor-biden-if-he-wins-2024
https://justthenews.com/politics-policy/elections/concerns-mount-media-government-quashing-election-integrity-efforts
2023 09 jack smith adds obama democrat donor special counsel