The latest verbal exchange, former President Trump’s post-Christmas message to special counsel Jack Smith has legal experts suggesting he’s pushing boundaries with his choice of words.
Former federal prosecutor Katie Cherkasky weighed in on CNN’s Out Front, acknowledging that while Trump’s remarks may currently fall within the realm of protected free speech, there’s a fine line that, if crossed, could lead to potential repercussions.
Trump’s criticism of Smith, accusing him of operating in favor of President Biden, came alongside a Breitbart column amplifying the attack, labeling Smith as Biden’s Flunky and suggesting he should go to HELL for alleged interference in elections.
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Despite Trump’s claims that the Justice Department’s investigations were premeditated before his presidential announcement, the legal saga continues. Trump’s attempt to lift a gag order, prohibiting attacks on Judge Arthur Engoron’s staff, was unsuccessful.
Cherkasky emphasized that, so far, Trump’s remarks haven’t reached a critical point, stating, In terms of President Trump’s opinion, I don’t think you’re going to be finding in a criminal defendant who would feel very differently at a prosecutor going after them.
The expert pointed out the blurred lines between protected speech and potential violations of gag orders, highlighting that Trump’s comments, although strong, currently navigate within the realm of First Amendment protection.
Given Trump’s consistent stance on alleged corruption within the DOJ and his targeted criticism of Jack Smith, legal experts find it challenging to raise significant concerns, as these remarks align with Trump’s established narrative.
