18 Sep Jack Smith goes too far in trying to gag Donald Trump

Special Counsel Jack Smith proposed a gag order, restricting former President Donald Trump’s criticism of Smith and his prosecution. Smith’s motion, described as “narrowly tailored”, intends to prevent Trump’s comments from prejudicing his 2020 federal election interference case. Smith’s move could be seen as reinforcing Trump’s claims of election interference by the Biden Administration. The gag order, common in high-profile federal trials, seeks to bar inflammatory and disparaging comments, which Smith suggests could undermine public confidence and intimidate the Court, the jury pool, witnesses, and prosecutors. However, the order raises constitutional concerns, potentially limiting political debate and testing Judge Tanya Chutkan’s impartiality. Trump’s assertion of the Justice Department’s weaponization by Democrats is a significant campaign issue. With the trial during the election season, gagging Trump may not change the impact on potential jurors but will silence a candidate on a major issue. Banning disparaging comments creates a precarious situation for Trump, who alleges a politically motivated hit job. The trial’s unique circumstances may require greater judicial accommodation.

Source: New York Post