Think hard: Why, after allowing two state and two federal indictments of Donald Trump, each transparently political, would a federal prosecutor seek the rare step of “gagging” a former president, who also happens to be the leading GOP candidate? Only one reason: fear.
The reason for this highly unusual step seems deeper than analysts are looking. On one hand, protecting a national security secret might justify a gag order, but there is none here.
Jury pools are continuously exposed to public information, thus methodically sifted in “voir dire,” a process that assures jurors selected will be “fair and impartial.”
Gagging a defendant is never done for that reason, no matter how well-known the defendant is. See if you can find a case recently, even historically, to silence a defendant protesting his innocence.
Nor is a gag order sought, let alone granted, because a prosecutor fears the defendant will speak publicly about his innocence and try to defend himself or herself to the public.
Far from it, defendants are typically told by their own counsel NOT to speak openly since anything said could be used against them by the prosecutor, no matter the allegations.
Notably, the federal prosecutor here, Mr. Jack Smith, was previously censured by the US Supreme Court (9-0) for misapplying federal law, specifically for political overreach.
Yet, by all indications, here we are again. We have questionable, seemingly political indictments. One is arguably based on evidence pulled in a violation of 4th Amendment guarantees – a “general warrant,” with armed agents swarming the former president’s home. The other appears to mock the 1st Amendment, criminalizing political speech – as never before alleged.
We see in these indictments, paired with two state indictments, the play of politics. Incredibly, briefing schedules sought by prosecutors mirror the presidential primary calendar, making the process – by all appearances and definition – deliberate “election interference.”
Ironically, against this backdrop and rather unexpectedly for the White House, Justice, and Democrat prosecutors, Mr. Trump – their target – has rocketed to the top of polls. He has climbed so high that, combining Republican, Independent, and Democrat voters, he would decisively beat Mr. Biden – if the race were today.
All this should give Americans pause. It is also embarrassing for Mr. Smith, Mr. Garland, and Mr. Biden, not to mention state political prosecutors. They all have egg on their face, a mess.
So, the answer? Apparently, their latest flash of brilliance is to officially “gag” put a legal towel in the mouth of Mr. Trump. They want to stop him from speaking at all, as his words might “disparage the process” of being prosecuted or persecuted.
Like something out of Lewis Carrol’s Alice in Wonderland or the former Soviet Union’s definition of due process, the prosecutor’s request is to prevent Mr. Trump from speaking.
The irony is too rich and has not escaped Americans on both sides of the aisle. If not for such moments, what perchance is the 1st Amendment for? This order is wild overreach, panic.
Traditionally, the reason federal prosecutors do not seek “gag orders” against defendants, whether Al Capone, John Mitchell, or others, is that the credibility of the prosecutor, the credibility of the Justice Department, is presumed to be higher than that of any defendant.
Put differently: This federal prosecutor and Justice Department are afraid. They fear their constitutionally questionable, highly offensive actions will not hold up in public discourse.
Pointedly: They think Mr. Trump’s credibility supersedes – is higher than – theirs. Thus, they want him silenced. They fear his use of the 1st Amendment to defend himself.
And that…is EXACTLY why we have a 1st Amendment.
Justice knows they overstepped, overreached, and are viewed by more than half the country as having misused, misapplied, and even abused for political gain their non-partisan authority. They are abusing their powers. The disparagement they fear – is of themselves.
Bottom line: Seeking a gag order is wrong and shows fear. They have gone too far and know it.
Robert Charles is a former Assistant Secretary of State under Colin Powell, former Reagan and Bush 41 White House staffer, attorney, and naval intelligence officer (USNR). He wrote “Narcotics and Terrorism” (2003), “Eagles and Evergreens” (2018), and is National Spokesman for AMAC.
I’ll vote for Trump again!
God Bless America!
Of course it’s fear! The Communist wannabe Democratic Party Leadership got away with “stealing” the Presidentcy last election and not even a whimper from most Republican elected officials. They are Rinos would tend to support the GO Along to Get Along do Nothing policy because they’re only interested in holding onto power. They fear Trump because after experiencing his first term he now knows who he can trust and not trust and he will do his best to expose them to the Republican voters!
Trump 2024. I pray that God protect DJT and his family and that those who are persecuting him and by extension the American people, be exposed for their evil and brought to justice.
If i ever wound up on one of Trump’s juries , i could then actually vote for him twice . Trump’s not guilty of ANYTHING. And as a juror , i would vote for his innocense simply because he is innocent . It’s painfully obvious how much the Democrats fear Trump. And by their actions, they demonstrate that Trump is their greatest fear . This tells me that the Democrats KNOW that Trump would do America great again ! ! !
So far, none of the indictments against Trump are anything more than thinly veiled political prosecutions designed to try and keep the only GOP candidate in the running from being on the ballot. Something you would expect to see out of China, Russia, Turkey or Iran. Not something one would expect to see in the United States. However, it has been crystal clear for quite a few years now, that the justice system has been completely compromised in numerous different ways.
The Democrats haven’t even bothered to try and make any of the so-called “crimes” an actual, legitimate civil or criminal act. It’s just about “Get Trump!” at any cost, no matter what the corrupt Dems and their allies have to do to get it done. The American people need to remember one thing: Today it is Trump and tomorrow it may be you. News outlets around the world are echoing the same storyline: The United States has adopted the same weaponized legal tactics of the most despotic regimes in the world. Rule of Law, meaning a blind and impartial justice system has given way to the old Marxist perspective of show me the man and I’ll show you the crime.
I guess assassinating him would be too obvious at this point, so they’re throwing everything else at him, all of which destroys their credibility.
The marxist democrat party, joebama,and the Washington establishment fear President Trump because he will expose the anti American, self serving,corrupt,immoral businesses usual policies and politics.
They fear the Citizens ending their free reign and unaccountable activities.
President Trump has it right, they’re trying to destroy Legal American Citizens and Freedom!
Rush Limbaugh used to say that the libs will always let you know who they fear the most. It is the people that they go after the meanest and hardest. There is nobody that they have attacked more than Trump. What does that tell you?
Trump doesn’t need to say anything; Democrats actions speak for themselves! The country that gave us Beethoven also gave us Auschwitz. What will Democrats give us?
The crooked prosecutors can LEAK all they want to and prejudice the jury pool, but the defendant must be MUZZLED! That’s “justice” in the Biden administration!
It is highly unusual for a prosecutor to request a gag order for a defendant. I’m a retired prosecutor, and I’ve never, ever seen it done. Defense attorneys often request gag orders in high profile cases to protect their clients, but not the other way around.
I keep reading assertions that the Mar-a-Lago warrant was a “general warrant,” but if that’s the case, all his attorneys have to do is file a motion to suppress the evidence obtained. I haven’t read the warrant, but this case would have gone away by now if the warrant was truly unconstitutional. All defense attorneys know this.
We agree, fear is the only explanation. But it is shocking that no one on the Demorat side has enough patriotism to stand up against this partisan political farce that Dems have been wasting their and America’s time and money on for 8 years now. Shame on them, but shame on everyone that allows this to continue. In all this time Bidum and all his leftist clowns have said they had proof, but 8 years after they started this witch hunt, they still have no evidence of a crime, only the never ending hate of Bidum leftist Prosecutors, DA’s and judges have against Donald Trump and America’s citizens.
I will definitely vote for DJT again. So many signs say this world as is won’t last much longer, so I prefer to give money to those getting out the word about a Savior, Christ Jesus, so people can make a choice for their eternal life. What the left is doing is terrible, but when has the human race ever been able to provide justice and peace for more.than a few years. God alone is good, and He will judge every one. He knows every thought. word and deed of every one who lives or has ever lived. We can be saved by His grace which is a gift He offers. All we have to do is ask Christ, who died on the cross for us, to save us. That’s the catch. We have to ask. Good deeds won’t save anyone, although after we ask Him into our lives, we will want to do good. “oh how He loves you and me. He gave His life, what more could He give? Oh how He loves you, oh how He loves me,…….”
The democrats are clucking. Why try to gag President Trump if they have nothing to fear since they are so self righteous?
The democrats say the Trumpers are anti American but everyone knows they are the ones who want to destroy America and we will not be silenced! God save our Christian country from their ungodly beliefs! Even Russia sees they are against their own people!
I hope ALL people left and right views wake up and realize we are headed for another
Germany of the 30s.
Excellent article.
Eagles such President Trump don’t take flight lessons from chickens. Eagles fly high above the storm while the simpleton pigeons flock together, quivering in fear and trepidation of him and anyone else who will kick them off their makeshift thrones. pity. lolol
The left have become thieves of democracy and the American peoples money which they view as their own. They do not listen to the American people anymore. Their agenda is their own. Not the peoples. They have crossed the line so many times that it is not visible anymore. The time is quickly coming in America that a major conflict is inevitable. God save us!
Has Thomas Jefferson not sworn upon the altar of God eternal hostility against every form of tyranny over the mind of man ? He is spinning in his grave over what we became
They’re just trying to wear him out by all of these phony indictments, and hurt him in his pocket book. I can’t believe this is happening in our country. The left is vengeful. Now that’s despicable!
It’s actually a breath of fresh air when I see the socialist left retreating from the fight any way that they can. Kind of like rats on a sinking ship. Yes, they are scared and desperate. They won’t win. They know President Trump was right and still is.
❤❤❤❤❤ T R U M P 2024 ❤❤❤❤❤
OK, so Trump has a big mouth and few filters!! We all know that about him now. But what are these DAs afraid of?? And if there is a gag order in place for Trump shouldn’t there also be one in place for anyone connected with the case?????
What is missing here is any consideration of alternative interpretations of Trumps actions and those of the Judge and Prosecutors. Reading the article and the comments, it sounds like a echo chamber . With Trump there is always another side and another view and it is important to respect differences of opinion. After all we are all Americans and are likely to remain so
It’s so sad to see such name calling and back stabbing with the comments. We have all have our opinion yet names calling should not be ! We need to stand together and do what’s biblically correct.
I WILL GLADLY VOTE, ONCE AGAIN, FOR DONALD TRUMP!!!! It is, in my mind, criminal what they done to him and his family and what they are doing to this country!!! They are the ones who should be kicked out of any office they hold, in shame and they, themselves be prosecuted for wasting the courts time and putting on this childish tantrum of a show!!! God Bless and Keep you safe, President, Trump!!! We want you back in office, ASAP!!!!! We, so very badly need someone in the President’s position who has common sense and a know how to run, flourish and protect our Great Country and it’s people!!! We Love you President Trump and are praying for you and your family!!!!
The Democratic Party is a hot mess. It is all twisted upon itself in Gordian Knots. The sharp sword is available but using it would require courage. Good luck finding any of that in todays Democrats. If they have anything to say beyond talking points and platitudes I am not hearing it .It would also help them greatly to respect our rights, instead of taking them away. Burt that idea is a dream. Goodbye, Democrats.
The 1st Amendment does NOT exist in “Democrapville”, obviously.
OK you’re right the DOJ did step over the line. But, who is going to correct them who is going to hold them accountable?
And you are Trump HATING JACKASS!
Hope they go after Joe crime family. Not holding my breath tho. After what hillary got away with not going to happen until socialist bureau rats are all fired.
Fake news. The Marines cancelled the trip to the Aisne-Marne Cemetery. It wasn’t Pres. Trump’s decision. The Trump “quotes” you posted are just as fake as your reason for the cancelled trip to the cemetery.
That’s pure speculation. But nice try.
And Lying Crooked Joebama Biden is like Mao Se Tung AMERICA HATER!
So do Communist Lovers Like You!
This ain’t a fight in a schoolyard, it is a trial in a courtroom, and bully boys get slapped.
Trump appears in court today on his business & worth of his properties. This should be simple, did Trump pay property taxes on the Mona Lisa value of the properties or were taxes paid on low ball assessments? That should be very easy to look at records & determine what actually took place.
No one should use freedom of speech to give out personal info on other people on any social media that appears to be a threat or lie against that person.That might be slander or defamation , but then not every poor person has the money to hire lawyers to take up the case of the poor people.
You people are all completely insane. I was a Republican until Trump. Now after Trump I will continue to not be a Republican because of you. Say good riddance all you like now, I’ll be the one gloating when your IQ of 6, wannabe dictator candidate goes down in flames next year.
I’m confused – I saw the judge’s gag order and he said it was limited to stopping Trump from attacking his staff. That seems pretty reasonable. Why was Trump doing that anyway?
I am not for gagging 45 but I do not think the system does it out of fear. I guess the only fear is that some stupid 45 followers can do some damage. Most people are not afraid of the stupid things 45 has to say – he is increasingly irrelevant.
Sure, he can win the nomination in the Republican party but he will lose the general election. And the longer the Republicans stick with 45, the worse their results will be down the line. And I say this as a right-leaning Independent who voted for 45 back in 2020. Never again will I give him a chance.
Come on, cultist clowns, downvote my comment all you want. But remember: come 2024 America will downvote MAGA by an even larger margin. Have a good day!
Freedom of Speech is fine, but has Trump ever apologized or set the record straight on the two Georgia election workers that were wrongly accused of election fraud. The lives of these two American citizens were ruined & actually received death threats. I believe that Rudy Gulliani is facing charges over the two workers in courts this year.