OPINION: This article may contain commentary which reflects the author’s opinion.
Special Counsel Jack Smith made a mistake when he called possible witnesses “political witnesses” in his response brief to the Trump legal team’s appeal of U.S. District Judge Tanya Chutkan’s gag order on the former president.
Judge Chutkan gave the former president an unprecedented gag order last month that doesn’t let him talk about important parts of the case. A lot of people who care about civil liberties have spoken out against the order, and the Trump campaign has been accused of meddling in the election.
Smith asked for the motion to be granted, but Chutkan quickly took back her own order after Trump filed an appeal. A D.C. appeals court temporarily put the order on hold after putting it back in place about a week later.
In the appeals process, both the prosecution and the defense were told to turn in their briefs early, before the due dates set for them. Smith’s office used some of Trump’s social media posts to support the gag order in their brief.
“At the hearing that followed, the district court reviewed several of the defendant’s social media…
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