Jack Smith Started the Mudslinging With His Speaking Indictment and Press Conference -- Now He Wants The Rhetoric Turned Off

Except The Leaks from His Office and DOJ to the Media Which They Also Dutifully Report as True.

Special Counsel Jack Smith has filed a motion seeking a protective order that would limit former President Trump’s ability to publicly comment on various aspects of the case against him in the District of Columbia. Most specifically SCO Smith wants Pres. Trump to quit disparaging the investigation, the prosecutors, the Court in D.C., the residents of D.C. and the District itself. The motion claims that such comments might “incite” Trump supporters, intimidate witnesses or prospective jurors, etc., with all the above creating a risk of a “substantial likelihood of material prejudice” to the proceedings.

To support the argument that the Court possesses authority to take this step, SCO Smith’s motion cites to a Local Rule of the District Court for the District of Columbia, as well as two Supreme Court decisions dealing with cases where extrajudicial (outside of court) comments by participants were among the issues on appeal.

Gentile v. State Bar of Nevada involved comments made by an attorney at a press conference following his client’s indictment. The defendant was acquitted at trial, but a complaint was filed against the attorney for violating Rules of the Nevada Supreme Court in making comments at the press conference which questioned the good faith and integrity of the prosecution.

Sheppard v. Maxwell is the infamous case involving the circus-like trial of Sam Sheppard, accused of murdering his pregnant wife. Extensive pretrial publicity and press conduct during the trial itself turned into a media circus. The Supreme Court found that Sheppard’s right to a fair trial was denied by the trial judge’s failure to exercise control over the conduct of the parties and the press before and during the trial.