Donald Trump intensified his criticism of federal prosecutor Jack Smith, going so far as to involve Smith’s family in his attack. Trump’s latest tirade puts him at greater risk of federal prison. In a capital letter-filled post on his personal social media site, Trump exclaimed, “COULD SOMEBODY PLEASE EXPLAIN TO THE DERANGED, TRUMP-HATING JACK SMITH, HIS FAMILY, AND HIS FRIENDS, THAT AS PRESIDENT OF THE UNITED STATES, I COME UNDER THE PRESIDENTIAL RECORDS ACT, AS AFFIRMED BY THE CLINTON SOCKS CASE, NOT BY THIS PSYCHO’S FANTASY OF THE NEVER USED BEFORE ESPIONAGE ACT OF 1917.”
Experts have characterized Trump’s actions as desperate and reminiscent of a Mafia boss. Ruth Ben-Ghiat, a professor of history at New York University, stated, “Once again, Trump is acting like a Mafia boss and also stringing as many propaganda slogans together as possible.”
Trump’s rhetoric has drawn comparisons to a historical reference made by England’s King Henry II, who allegedly asked, “Will no one rid me of this troublesome priest?” This remark ultimately led to the murder of the archbishop of Canterbury. It remains uncertain whether Trump is aware of this historical context.
Norm Eisen, a lawyer who previously served in the Obama administration, expressed concern over Trump’s encouragement of his followers to target Smith’s family and friends, particularly given the violent insurrectionists involved in the January 6th incident. Threatening federal law enforcement officers is a crime that carries significant penalties. However, it is unclear whether Trump’s pattern of attacks, spanning over a year and a half, would lead to successful prosecution.
In a recent Supreme Court decision, prosecutors must prove that a statement maker knew their words would be considered a threat, rather than just relying on the perception of a reasonable person.
Neither the Department of Justice nor Trump’s campaign staff responded to inquiries about his latest statement. It remains unknown whether Smith or his prosecution team intends to request that U.S. District Judge Aileen Cannon warn Trump about his comments.
Eisen believes that the prosecution should not need to raise the issue, emphasizing that the defendant, judge, and lawyers should not tolerate such behavior. While Eisen does not believe that Trump’s posting alone constitutes a prosecutable threat, he considers it a warning sign based on Trump’s past actions.
Eisen recalled Trump’s social media activity leading up to the violent January 6th riot and his tweet that endangered Vice President Mike Pence. While Eisen acknowledges Trump’s right to call for protests against his prosecution, he argues that endangering the lives of individuals, specifically by targeting friends and family of a prosecutor, crosses a line.
Jack Smith is leading the prosecution against Trump for retaining top-secret documents and attempting to conceal them from authorities. Smith is also investigating Trump’s involvement in the January 6th assault on the U.S. Capitol.
Trump has been inciting his supporters against prosecutors since a rally in Texas in January 2022. Ahead of his arraignment for the secret documents charges, Trump stated on social media, “SEE YOU IN MIAMI ON TUESDAY!!!” This echoes his December 19, 2020, tweet encouraging followers to come to Washington on January 6, 2021, with the message, “Be there, will be wild!”
Moreover, Trump hinted at violence during a speech to North Carolina Republican activists, claiming that their anger required extraordinary strength to bring about change.
In addition to the ongoing prosecution, Trump faces a separate investigation by Georgia prosecutors for his attempts to overturn the election results. He has already been indicted in New York City for falsifying business records related to a hush money payment made prior to the 2016 election.
Despite these criminal charges, Trump is currently leading the 2024 GOP field in the race for the White House.
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