Special counsel Jack Smith made an unusual comparison, likening himself to Thomas à Becket, the Archbishop of Canterbury murdered centuries ago. This historical reference is part of Smith’s quest for a gag order against former President Donald Trump.
As reported by Conservative Brief News on November 19, 2023, Smith’s analogy links King Henry II’s casual remark about Becket to Trump’s recent rhetoric. Harvard Prof. James Simpson explains this as a classic example of indirect orders, where an innocent question conceals an imperative.
In a court filing submitted to the District of Columbia Circuit of the United States Court of Appeals, Smith seeks to connect Trump’s heated rhetoric to potential real-world consequences. The filing argues that Trump’s repeated attacks on Smith could be interpreted as a signal to act, similar to Henry II’s remark preceding Becket’s murder.
The special counsel, a frequent target of Trump’s criticism, leads the prosecution in Trump’s election interference case. Smith’s filing aims to reinstate a gag order initially imposed by U.S. District Judge Tanya Chutkan, overseeing the case.
The prosecutors assert that the gag order is well-supported, narrowly tailored, and crucial for a compelling interest. They argue it doesn’t impede Trump’s political discourse but prevents specific attacks on trial participants and witnesses.
In response, Trump’s legal team claims the gag order is overly broad, infringing on the defendant’s right to discuss the case publicly. The appellate court is set to hear oral arguments on the matter this week.
This development adds complexity to Trump’s legal proceedings, emphasizing the ongoing tension between free speech rights and the need for a fair trial. The court’s decision on the gag order reinstatement will likely shape Trump’s defense strategy and public discourse on the case.