‘Lock Him Up If He Won’t Shut Up About Witnesses’ Jack Smith Asks Judge in Trump Election Case

William FurneyOct 30, 2023

Minute Read

Donald Trump’s mouth may land him in even more legal hot water if he’s not careful. Now, the special counsel in his election interference case wants him jailed if he can’t stop going on about witnesses in constant online rants.

Gag Order Request

Jack Smith, the special counsel investigating events surrounding the 2020 presidential election, has asked Judge Tanya Chutkan to reinstate a limited gag order that was placed on Trump following online outbursts against Smith and others involved in the case but was subsequently suspended. And he’s asked for stiffer penalties if Trump breaks the order, including a spell behind bars, according to a report in The Washington Post.

Reasoning for Lifting Gag Order

Judge Chutkan said in her order lifting the gag measure, following successful arguments from Trump lawyers, that she was doing so to give the defendant time to prove why he should not be silenced.

‘Freedom of Speech’

Trump’s lawyers had argued that the former president was entitled under the First Amendment to the Constitution to freedom of speech.

“By restricting President Trump’s speech, the Gag Order eviscerates the rights of his audiences, including hundreds of millions of American citizens who the Court now forbids from listening to President Trump’s thoughts on important issues,” they said.

Another Trump Attack

Image Credit: Jeffery Edwards / Shutterstock.

Smith’s request came after another online attack, in which he suggested his final chief of staff, Mark Meadows, would be a “weakling and a coward” if he testified in the case in return for immunity from prosecution. ABC News reported a source saying Meadows was offered immunity and agreed to testify, and that he had been having talks with Smith, saying he told Trump he lost the 2020 election but the then-president insisted he won.

Controversial Election

Trump had been seeking a second term as president but lost the 2020 election to Joe Biden. He refused to accept defeat, insisting there were issues with ballot boxes that resulted in a “rigged” election that was “stolen” from him. Following social media calls from Trump, his supporters gathered at the US Capitol on January 6, 2021, in what turned into an attack on the complex that left five people dead.

Election Interference Indictment

Trump has been indicted for allegedly trying to overturn the 2020 election result to his favor and block the peaceful transfer of presidential power to Biden. He denies the charges and says they are a “witch hunt” by Democrats who don’t want him back in the White House.

Other Federal Charges

Four indictments against Trump charge him with 91 counts of alleged wrongdoing. Other charges relate to his removal of sensitive government documents from the White House and allegedly storing them in various rooms of his Mar-a-Lago resort home in Florida. Prosecutors allege Trump shared details of the files with others, including about the US’ nuclear program, potentially putting the country’s national security at risk. They’re seeking a jail term of up to 20 years.

Gag Order Fines

In a separate, civil fraud case, the trial of which is underway in New York, Trump has also been silenced with a gag order, after he went after court officials on social media. But the court ruled he broke the order twice and has hit Trump with successive fines — the first, $5,000 and a second amounting to $10,000. Trump, his adult sons and senior executives at the Trump Organisation are accused of inflating the value of their properties to get cheap loans. They face a fine of around $250 million if found guilty.

Trump’s White House Hopes

All Trump’s legal problems come at a time when he is trying to get back to the White House. He’s currently the leading candidate for the Republican nomination for the 2024 presidential election, with a massive approximate 50 percent lead over rivals including Florida Governor Ron DeSantis and former South Carolina governor Nikki Haley. His vice president, Mike Pence, was running but has ended his campaign due to a lack of voter support in polls.

Trump and Biden?

If Trump is crowned the Republican nominee, following primaries in January, he will likely run against President Biden, who is far ahead of Democratic candidates for their party’s nomination — although there are concerns about his age, 80, and apparent infirmity.

Republicans’ Trump Fears

But, political analysts say, a growing number of people within the Republican party are worried that their likely candidate might end up in prison before or even after next year’s presidential vote. Trump himself has no such concerns, telling a crowd at a recent rally that he would “willingly go to jail” if it meant “restoring democracy in the United States.”