Donald Trump Just Can’t Close His Mouth on Social Media – And He Might Pay for It: Special Counsel Jack Smith wants the reimposition of the gag order against former President Donald Trump in the wake of posts about his former Chief of Staff Mark Meadows. Trump held back his characteristic fury against Meadows in the wake of reports that he had flipped and agreed to testify against him in the upcoming federal January 6 election interference trial.
“… Some people would make that deal, but they are weaklings and cowards, and so bad for the future our Failing Nation. I don’t think that Mark Meadows is one of them, but who really knows? MAKE AMERICA GREAT AGAIN!!!” Trump wrote on Truth Social.
DoJ: Trump Innocence Claims Harm Justice
Smith claimed in his 32-page legal filing Wednesday that Judge Tanya Chutkin’s narrow gag order imposed last week gives Trump the freedom “to assert his innocence, claim that his prosecution is politically motivated, criticize the platforms and policies of his political opponents, and level all manner of criticism at various institutions and individuals, including the incumbent president and the Department of Justice.”
Trump’s lawyers claimed in a legal filing on Monday seeking dismissal of the charges that the prosecution was politically motivated and that Joe Biden had egged on the Justice Department to indict Trump over January 6.
“But, like every other criminal defendant, what the defendant may not do is publicly target certain trial participants in order to ‘vilify and implicitly encourage violence against public servants’ or to ‘launch a pretrial smear campaign against . . . foreseeable witnesses,’” Smith’s filing said.
It claimed that Trump’s comments threatened to undermine the proceedings against him. The order was lifted in part pending appeal. The Justice Department claims the appeal is unlikely to succeed and that considering Trump’s comments on social media in the past a renewed gag order is needed.
“… [T]he Court should lift the administrative stay and modify the defendant’s conditions of release to prevent such harmful and prejudicial conduct,” the motion said.
Trump Could Bring Physical Harm to Witnesses
The motion claims that Trump is a threat to the safety of those who are testifying against him. It suggests that Trump may incite his more radical followers to bring physical harm.
It mentions the fine brought against Trump for sarcastically referring to New York Justice Arthur Engoron’s clerk as Sen. Charles Schumer’s “girlfriend” because she posed with him for a photo. Engoron fined Trump $5,000 and then $10,000 for his antics.
“Based on the Court’s ‘review of past statements made by [the defendant] in particular, as well as the evidence that they have led to harassment and threats for the people he has targeted,’ the Court found that, in the absence of an order, ‘there is a real risk that witnesses may be intimidated or unduly influenced and that other potential witnesses may be reluctant to come forward lest they be subjected to the same harassment and intimidation,’” the motion said.
It continued, “The only thing he cannot do is target certain individuals connected to the case. And as defense counsel conceded during the hearing, targeting of the sort prohibited by the Order does not “necessarily need to be made in the context of a court proceeding.” Indeed, the litigation of the recusal motion illustrates the point. The defendant was certainly entitled to move for the Court’s recusal and marshal any facts and law necessary to explain why he believed the Court could not give him a fair trial.”
John Rossomando is a defense and counterterrorism analyst and served as Senior Analyst for Counterterrorism at The Investigative Project on Terrorism for eight years. His work has been featured in numerous publications such as The American Thinker, The National Interest, National Review Online, Daily Wire, Red Alert Politics, CNSNews.com, The Daily Caller, Human Events, Newsmax, The American Spectator, TownHall.com, and Crisis Magazine. He also served as senior managing editor of The Bulletin, a 100,000-circulation daily newspaper in Philadelphia, and received the Pennsylvania Associated Press Managing Editors first-place award for his reporting.
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