Every day, we witness the Biden administration’s erosion of our freedom of speech. In a concerning move, the administration is attempting to silence defendants from criticizing government prosecutors. This tactic mirrors those employed in countries like Pakistan, Russia, and North Korea. It’s a slippery slope when anyone can become a target of the government’s oppressive tactics. Imagine being accused of a crime and not being allowed to defend yourself, proclaim your innocence, or expose the unfairness of your case.
Special counsel Jack Smith has made an audacious request to the court to silence Donald Trump from discussing the evidence the government plans to use against him or even criticizing the government’s lawyers. Despite prosecutors being required to disclose all evidence to the defendant, Smith is refusing to do so until Trump is gagged. The judge, Tanya Chutkan, has given Trump’s lawyers a limited time to respond to this request, which is deeply concerning. This request undermines a defendant’s right to free speech and a fair trial.
While it is no secret that Trump is outspoken, he has every right to express his opinion, especially when he is being labeled a criminal. If the government were attempting to lock you up for life, wouldn’t you have a lot to say in your defense too? Silencing any defendant goes against the principles outlined in the Bill of Rights and centuries of American law, which prioritize the defendant’s rights above all else.
In 1986, the Supreme Court ruled in Press-Enterprise Co. v. Superior Court of California that not only should trials be public, but pre-trial proceedings should also be open to the public, except in exceptional circumstances where nondisclosure is necessary to protect the defendant. One such exceptional circumstance is the upcoming trial of Bryan Kohberger, an accused killer. The court has limited what can be said to the press by attorneys and the victims’ families in order to ensure the selection of an impartial jury. This gag order is implemented to protect the defendant.
Contrarily, Smith is attempting to do the opposite by silencing the defendant to protect the government’s case and their pre-trial PR campaign. This is an affront to voters who deserve to hear both sides of the story. Trump is running for president, and if the trial does not take place before the election and he is silenced, the public will only hear the prosecution’s version. In court and in the court of public opinion, both sides must be heard to uncover the truth. This principle lies at the heart of the American justice system.
It becomes even more crucial to ensure both sides are heard when dealing with a prosecutor like Smith, who has a track record of targeting politicians and utilizing questionable interpretations of the law to bring charges against them, only to see those charges fail. Examples include the failed indictment of former Democratic presidential candidate John Edwards for illegal campaign contributions and the mistrial of public corruption charges against Senator Bob Menendez. Smith’s overzealousness was also evident in the conviction of former Virginia Republican Governor Bob McDonnell, which was later unanimously overturned by the US Supreme Court for the government’s excessive interpretation of the federal bribery statute.
Columnist Betsy McCaughey argues that Attorney General Merrick Garland should have reconsidered appointing Smith as special counsel, given his questionable history. It seems that Garland may have been seeking a ruthless investigator. However, it is imperative that we demand Judge Chutkan denies Smith’s un-American gag order. Both the defendant and the public deserve a fair trial, as guaranteed by the US Constitution. It’s time to preserve our rights and ensure justice prevails.
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