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Jack Smith’s Attempt To Silence Trump From “Political” Speech

Jack Smith’s Attempt To Silence Trump From “Political” Speech

By 

Jay Sekulow

|
December 28, 2023

4 min read

Election Law

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Well, the hits keep coming out of Washington, D.C., where Special Counsel Jack Smith has asked a judge to stop President Trump from making “partisan political attacks,” i.e., accusing the Deep State DOJ and President Biden of colluding together amid President Trump’s Jan. 6 trial.

Fox News reports on Smith’s attempt to silence Trump:

The motion, filed Wednesday in the U.S. District Court for the District of Columbia, is seeking to limit what statements Trump can make leading up to his scheduled March 4 federal trial on alleged 2020 election interference.

That includes a request to prevent Trump from telling the jury he is being prosecuted by the DOJ in coordination with President Biden, as well as suggestions by Trump of undercover agents fomenting violence at the Capitol riots, and of “foreign influence” in the 2020 election.

Last week, Smith suffered a major setback when the U.S. Supreme Court rejected his request to skip the court of appeals for an expedited review of President Trump’s 2020 election interference case. The request reeked of such political timing that even CNN’s top legal analyst said so.

And now Smith wants to keep Trump from having the right to defend himself publicly – a violation of the former President’s First Amendment right to free speech. Smith also outrageously seeks to limit the cross-examination of witnesses by President Trump’s lawyers.

Everyone knows Smith’s whole case is politically motivated. He’s grasping at straws right now. The far Left will do anything to ensure that President Trump ends up in jail. Whether you’re for President Trump or against him, this is not how a constitutional republic works.

Again, the issue comes down to whether President Trump has Executive immunity while President. In other words, a President’s actions while in office cannot be the basis of criminal or civil lawsuits.

In 2020 I personally argued for a “limited temporary immunity” for President Trump at the Supreme Court. I explained how the Founding Fathers didn’t want local magistrates to interfere in a President’s responsibilities.

If Presidents can be prosecuted for actions while in office, they will be subject to unending litigation. And now Trump faces a barrage of litigation by political opponents.

The ACLJ is working in overdrive to fight against the Deep State’s election interference. Yesterday, we filed our appeal at the U.S. Supreme Court to overturn the Colorado Supreme Court’s absurd ruling to remove Trump from the ballot. Read our petition for certiorari here.

Today we filed an emergency motion for the U.S. Supreme Court to expedite our case. This is a very important step in stopping the Left’s most blatant election interference in U.S. history.

We need the high Court to hear our case before mid-January because that’s when the state primary ballots will be printed. We must ensure that the American people’s candidates of choice are all on the ballot.

ACLJ Senior Counsel and Director of Policy Harry Hutchison joined the show to discuss Smith’s novel legal theories in prosecuting Trump:

Jack Smith is an expansive prosecutor. He comes up with innovative ideas that would make law professors happy. However, there is something called the United States Constitution, [which] guarantees fundamental rights to President Trump and each and every citizen of the United States. . . .  But Jack Smith is fundamentally motivated by politics . . . [and] argues that President Trump should be deprived of any political argument with respect to his defense.

The ACLJ can’t fight against the radical Left’s election interference without your help. We are in the final days of our Faith & Freedom Year-End Drive to fund our legal efforts. Donate today, and your gift will be tripled.

Today’s Sekulow broadcast provided a full analysis of Special Counsel Jack Smith’s unconstitutional attempt to silence President Trump. We also explained the ACLJ’s next steps in our biggest Supreme Court case ever.

Watch the full broadcast below:

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