The Trump prosecution is in for a rough ride. They are up a creek without a paddle.
Because a top U.S. lawyer just poured cold water on the Trump prosecution case with a major public statement.
The case being brought against Donald Trump by the U.S. federal government in the state of Florida over allegedly illegally stealing classified documents from the federal government is now well underway. However, it has not been going well lately for the prosecution in any sense of the idea.
As of writing this article, there has been no ruling from Judge Aileen Cannon on whether the appointment of special prosecutor Jack Smith to the Trump case was constitutional, but that has been a major coal hanging over the head of the prosecution. Cannon’s decision on the matter could be a huge turning point in the case.
Not only that, but Jack Smith has been extremely bullish in his prosecutorial approach against Donald Trump, even seeking a gag order to be placed on Trump a lot like the one put on the former president in the Manhattan trial that many Americans believe was unfair for Trump from the beginning.
Jonathan Turley, a law professor at George Washington University, has criticized special counsel Jack Smith for what he perceives as a lack of restraint in seeking a gag order against former President Donald Trump.
Turley, speaking on Fox News, argued that Smith’s request for a gag order is part of a pattern of pushing boundaries beyond acceptable limits. He stated, “This is the problem I personally believe that Jack Smith has grappled with his whole career and that is he has a serious problem of restraint and, you know, he follows Oscar Wilde’s rule that nothing succeeds like excess.”
The law professor expressed concern about the implications of such a gag order, particularly given the context of an election year. “He’s asking to gag the leading presidential candidate in an election year from criticizing his own department,” Turley said, adding, “Now, that is so far afield from what the purpose of a gag order is, it’s so outside the navigational beacons, it’s really disturbing.”
Turley’s criticism extended beyond Smith to Attorney General Merrick Garland, whom he believes should intervene. He suggested that Garland could address Smith’s prosecutorial conduct with a simple phone call, saying, “This is when you pick up the phone and say, ‘Listen, Jack, that we don’t do that, we don’t gag people to keep them from criticizing us. That’s not the point here.'”
The gag order request came after Trump criticized the FBI’s authorization to use “deadly force” during the August 8, 2022 raid on Mar-a-Lago. The FBI defended this as “standard protocol.” United States District Judge Aileen Cannon initially denied Smith’s request on May 28, but the special counsel made a second request on May 31.
Watch the clip using the video player below
Jonathan Turley Rips Jack Smith For 'Serious Problem Of Restraint' On Trump Gag Order Request pic.twitter.com/6oDNpye43G
— Daily Caller (@DailyCaller) June 25, 2024
Judge Aileen Cannon Rebukes DOJ Prosecutor Over Proposed Speech Restrictions for Trump
In a notable hearing on Monday, U.S. District Judge Aileen Cannon of the Southern District of Florida reprimanded Department of Justice (DOJ) prosecutor David Harbach. The hearing was centered on the possibility of modifying former President Donald Trump’s release conditions to include restrictions on his speech.
Judge Cannon, displaying visible annoyance, addressed Harbach during the second hearing of the day, suggesting that another prosecutor could step in if he could not maintain a respectful tone and proper courtroom decorum.
The rebuke occurred as Harbach advocated for an informal gag order ahead of Trump’s trial. He argued that such a measure was necessary due to the potential danger Trump’s public statements posed to law enforcement officers. Harbach cited instances following Trump’s public comments about the 2022 raid on his Mar-a-Lago property, including an attack in Cleveland, Ohio, as evidence of this risk.
Harbach emphasized that Trump should be restricted from making statements directly related to the case, particularly those that might incite imminent threats. He pointed out that several FBI agents involved in the Mar-a-Lago raid had their names exposed publicly. However, when Judge Cannon inquired about who had released these names, Harbach declined to specify but asserted that the prosecution had this information. This evasiveness seemed to frustrate Judge Cannon, who questioned why the person responsible for releasing the names had not been prosecuted.
Trump’s defense attorney, Todd Blanche, also presented arguments during the hearing, opposing the proposed speech restrictions. Blanche contended that the suggested limitations were overly vague and maintained that Trump’s comments were directed at President Joe Biden, not law enforcement officials.
The hearing highlighted the tension between the need to ensure safety and the protection of free speech rights, particularly in the politically charged atmosphere surrounding Trump’s legal proceedings.
The Conservative Column will keep you updated on any major developments in this Trump case.
