Every day, the Biden administration chips away at our right to free speech. This time, Team Biden wants to silence defendants from criticizing government prosecutors, a tactic commonly seen in oppressive regimes like Pakistan, Russia, and North Korea.
Imagine finding yourself facing prosecution, unable to speak out, defend your innocence, and expose the unjust nature of the case against you.
On August 4, special prosecutor Jack Smith requested a gag order to prevent former President Donald Trump from discussing or criticizing the evidence and the government’s lawyers. Despite the requirement for prosecutors to disclose all evidence to the defendant, Smith refuses to do so unless Trump is silenced.
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Judge Tanya Chutkan provided Trump’s lawyers until August 7 at 5 p.m. to respond, asking them to outline any objections to the order. This is concerning because the entire request violates a defendant’s right to free speech and ensures an impartial trial. Unfortunately, Trump’s legal team focused on minor issues instead of addressing the significant constitutional problem.
No one disputes Trump’s outspoken nature. On August 5, during a GOP dinner in South Carolina, the former president referred to Smith as “deranged” and a “sick man.”
Trump is entitled to his opinions, especially when Smith accuses him of being a criminal. If the government was attempting to imprison anyone for life, they would undoubtedly have a lot to say. Regardless of personal opinions about Trump, Smith’s actions should raise alarms.
Attempting to muzzle any defendant contradicts the principles outlined in the Bill of Rights and two centuries of American law, which prioritize the rights of the accused over other considerations.
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In 1986, the Supreme Court ruled in Press-Enterprise Co. v. Superior Court of California that trials must be public, and pretrial proceedings should also be open to the public unless nondisclosure is required for the defendant’s protection.
An example of such rare circumstances is the upcoming trial of accused killer Bryan Kohberger, where limitations have been imposed on attorney and victim family statements to the media to ensure the selection of an impartial jury.
This gag order is aimed at protecting the defendant. However, Smith is attempting the opposite, silencing the defendant to safeguard the government’s case and their pretrial public relations efforts.
Such actions are an affront to voters. Trump is running for the presidency, and if the trial does not take place before the election, and he is gagged, the public will only hear one side of the story – the prosecution’s version.
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Smith is already engaging in demagoguery, proclaiming that he is holding Trump accountable for the Capitol riot on January 6, 2021. However, the indictment has nothing to do with the violence that occurred on that day at the Capitol.
Whether in court or the court of public opinion, both sides must be heard to uncover the truth. This is the essence of the American way.
It is especially crucial when dealing with a prosecutor as deceptive and unprincipled as Smith. He has repeatedly targeted politicians, stretching and distorting the law to bring charges against them, only to fail in securing convictions.
In 2011, he indicted former presidential candidate John Edwards on charges of accepting illegal campaign contributions, but a jury did not find him guilty.
Smith pursued public corruption charges against Senator Robert Menendez, but the case ended in a mistrial in 2017.
The overzealous prosecutor also went after former Virginia Governor Robert McDonnell, resulting in a conviction that was ultimately overturned by the Supreme Court due to the government’s broad interpretation of the federal bribery statute. The justices warned about the uncontrolled power of criminal prosecutors.
Amen.
Attorney General Merrick Garland should have taken Smith’s questionable track record into account before appointing him as special prosecutor to investigate potential wrongdoing by Trump. However, Garland likely sought a ruthless enforcer.
Judge Chutkan should reject Smith’s un-American gag order. Both the defendant and the public deserve a fair trial, guaranteed by the Constitution.
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