(Molly Bruns, Headline USA) In an unexpected move, the American Civil Liberties Union came to the defense of former President Donald Trump as federal prosecutors attempt to reinstate a gag order in the Washington, D.C., case alleging Trump tried to overturn the 2020 election.
The ACLU argued that the ruling—issued by U.S. District Judge Tanya Chutkan earlier this month but temporarily suspended pending appeal—was unconstitutional, and would infringe on Trump’s right to free speech, according to Valiant News.
Although once considered to be a nonpartisan watchdog for constitutional rights, the newly woke ACLU in recent years has become something of a self-parody, even suing during the pandemic to force states to allow mask mandates in schools under the contorted logic that banning them discriminated against disabled children.
The far-left group attempted to sue Trump and his administration over 400 times throughout his presidency, making its recent filing a surprise to many.
Unlike many on the Left, they may see the implications that the lawfare strategy has in setting a dangerous precedent next time Republicans regain power of targeting political adversaries with spurious, politically motivated attacks through the justice system and then attempting to silence them from speaking out upon threat of incarceration.
“[I]f we allow his free speech rights to be abridged, we know that other unpopular voices—even ones we agree with—will also be silenced,” said ACLU Executive Director Anthony D. Romero. “As much as we disagreed with Donald Trump’s policies, everyone is entitled to the same First Amendment protection against gag orders that are too broad and too vague.”
Chutkan’s order, specifically targetied Trump’s criticisms of special counsel Jack Smith, his employees, and other witnesses in the D.C. District Court case.
The Marxist, Obama-appointed judge accused Trump of conducting a “smear campaign,” and encouraging “violence against public servants who are simply doing their jobs.”
However, legal experts such as George Washington University Law professor Jonathan Turley have pointed out that Chutkan left the gag order overly vague and open-ended, considering the long list of potential “witnesses” Smith and his prosecutors may draw from.
Many potential witnesses, such as former Vice President Mike Pence and former Gen. Mark Milley, just so happen to be public figures or political rivals that might otherwise come under fire in the course of Trump’s campaigning.
“If Chutkan had simply barred statements targeting court staff or jurors, there would be no controversy,” Turley wrote. “But she has imposed a vaguely worded court order that could turn campaign speeches into criminal contempt.”
The ACLU took specific issue with the term “targeting,” as that could mean anything from identifying particular individuals to incitement of violence.
The group argued that voters must be able to hear what Trump has to say on the matter, particularly as his 2024 presidential campaign continues.
Recent polling data showed that the majority of voters believe Trump prosecutions are “politically motivated.” Millions of people expressed the belief that the prosecutions are altogether wrong, but that they will be the most discussed issue of the 2024 campaign.
John Lauro and Todd Blanche, both lawyers for Trump, launched an appeal against the gag order. The appeal could delay the March 2024 trial.
Smith and his team, however, asked Chutkan to reinstate the order on Tuesday, citing recent comments Trump made online about his former chief of staff, Mark Meadows.
In reference to a separate case in Fulton County, Georgia, Trump noted that some former members of his inner circle—such as former attorneys Sidney Powell and Jenna Ellis—had struck plea bargains to testify against Trump and other “co-conspirators” in the ambitious racketeering case.
““Some people would make that deal, but they are weaklings and cowards, and so bad for the future our Failing Nation,” Trump wrote on his Truth Social account. “I don’t think that Mark Meadows is one of them but who really knows?”
Meadows conveniently was revealed by ABC News on Wednesday to be cooperating with Smith. He reportedly has appeared before the grand jury and spoken with Smith at least three times in return for an immunity deal.
Headline USA’s Ben Sellers contributed to this report.
