Mike Davis: Trump Gag Order Dems Wanted Violates 1st Amendment

AP Photo/Mary Altaffer

If Donald Trump had been given a gag order as some Democrats wanted, it would run “afoul of the First Amendment,” Article III Project’s (A3P) Mike Davis told PJ Media in exclusive comments Tuesday. The judge didn’t impose a gag order but warned Trump not to incite violence, whatever that means.


“While gag orders are vital in protecting the rights of defendants under the Sixth Amendment, it’s important to remember the protections afforded by the First Amendment concurrently,” Davis told me in an emailed statement. Davis is not only the founder and president of A3P but also the former Chief Counsel for Nominations to Senate Judiciary member Chuck Grassley (R-Iowa).

Davis explained the legal issues of the proposed gag order. “Using such an order to silence a defendant in any case about the charges he faces runs afoul of the First Amendment,” he insisted. “To use a so-called gag order to suppress the speech of a presidential candidate, and thereby blocking him from responding to allegations against him, in a sham political prosecution such as this one is something straight out of a third-world banana republic.” Which seems a more and more accurate description of New York.

While the judge did not impose a gag order today, he did warn Trump not to make statements that might incite violence. The problem is that Democrats define literally anything as inciting violence — recently, leftists claimed a “genocide” of transgenders because there are state laws restricting genital surgery for minors. In other words, commonsense law and words are “genocide.” Closer to home, Trump was accused of inciting violence in January 2020 after the Capitol “riot,” even though Trump never endorsed violence and explicitly called for peace, no violence, and compliance with law enforcement. In court Tuesday, Prosecutor Christopher Conroy argued that a split photo of Trump holding a baseball bat on one side with an image of Alvin Bragg on the other half incited violence (actually, Trump simply posted an article that had the image). The point is that, while there’s no gag order, Democrats could apply the order against violent incitement to literally anything Trump says or posts in the future.


But before the denial of an official gag order today, multiple leftists pushed for a gag order on Trump and his allies. Ex-White House press secretary Jen Psaki — apparently she’s still around; who knew? — had former Manhattan District Attorney Cyrus Vance Jr. on her MSNBC show. Her show’s Twitter account tweeted a clip on April 2 arguing that a gag order on Trump would ensure “orderly” process in the trial. “[It] would be well within [the judge’s] rights to issue orders that ensured, to the degree possible, an orderly and safe trial,” Vance asserted. I guess with no gag order, Vance and Psaki will have to circle back.

Rep. Daniel Goldman (D-N.Y.) tweeted a comment on April 3 that did not include the words “gag order” but explicitly endorsed potential restrictions on Trump’s speech. “The judge won’t tolerate more attacks and threats. Trump is not used to a judge controlling his actions, but he better get used to it,” Goldman pontificated. He added a claim that such restrictions would not be a violation of the First Amendment, supposedly because Trump is accused of violent rhetoric. “Ps this isn’t a 1st Am issue. Defending conduct vs threats to DA,” Goldman rambled. Democrats love to claim that memes or insults are somehow inherently “violent” rhetoric. Incidentally, Goldman was lead counsel in Trump’s first impeachment. No bias, right?


VICE ran a piece on March 28, “Trump’s Getting Close to Forcing a Judge to Order Him to Shut Up.” It argued that Trump was inciting violence and cited “experts” to claim a gag order was necessary. Former Manhattan assistant district attorney Robert C. Gottlieb blathered to VICE, “There is no question that the court should impose a very strict gag order, not only on the former president but anyone who he might solicit to talk on his behalf.” VICE itself tried to claim Trump was racist for citing District Attorney Alvin Bragg’s George Soros ties and for criticizing the DA. “Trump has ramped up racist attacks on Manhattan DA Alvin Bragg,” VICE screeched.

Davis couldn’t disagree more with Goldman, Gottlieb, and the rest. As quoted above, Davis argued that a gag order on Trump the presidential candidate would indeed be a First Amendment issue.

As corrupt Hunter Biden, the Clintons, Mark Milley, and so many other leftists continue to face little to no consequences for their criminal or traitorous activities, we all know what this Trump indictment is. As Davis put it, it’s a “sham political prosecution.”



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