By Betsy McCaughey
The American Civil Liberties Union’s support for Donald Trump is a major red flag. ACLU usually fights for causes on the far left.
The ACLU has always fought for the rights of those accused. The accused in this case is Donald Trump.
ACLU protests a gag ordered imposed on Trump by U.S. district court judge Tanya Chutkan, Oct. 17, at the request and insistence of federal prosecutor Jack Smith. Trump called Smith a thug.
Chutkan’s ruling prohibits Trump from making statements that “target” Smith, any witnesses or the judge. Trump’s attorneys appealed. Chutkan temporarily suspended the gag order, but restored it on Sunday.
The ACLU supports Trump’s right of speech.
Watch this battle, whether you love Trump or hate. Imagine what prosecutors could do to silence you if they can silence an ex-president.
The ACLU says the gag order violates Trump’s First Amendment right and the public’s right to hear Trump’s opinions so that they can “decide whether he deserves a second election”.
Trump is on the right side of history and the Bill of Rights.
In 1987, the trial court tried to muzzle Rep. Harold Ford. He was being tried for selling influence. The gag order was overturned by an appeals court.
The appeals court ruled “that the defendant, a Democrat and a black Congressman representing a largely African American constituency in Memphis is entitled to attack alleged political motivations of the Republican Administration which he claims persecutes him because of both his political views as well as his race.” Judges added, “he is entitled to express outrage.”
So does Trump. The Ford case is a mirror of the battle over Trump’s gag.
Another federal appeals court lifted the gag order against Louisiana Insurance Commissioner Jim Brown in 1999. Brown was facing criminal charges. The court argued that Brown’s right to defend himself in front of his electorate would be deprived if he were silenced.
Chutkan reinstated the gag order Monday. She stated that, “When necessary, First Amendment rights must give way to orderly administration justice.”
Sorry, Judge. Sorry, Judge. The Bill of Rights is written to protect defendants and not the government, or “orderly administration of Justice.”
Sixth Amendment lists rights of “accused” Only the accused. Chutkan’s claim that she is defending government rights should make Americans fearful.
Chutkan defends the gag order she issued by claiming that the First Amendment does not allow Trump to “launch a pretrial campaign of smear” against those who are prosecuting him. “No defendant would be permitted to do this.”
Untrue. Chutkan should take a refresher on the Bill of Rights.
Students in the first year of law study John Peter Zenger. He was a New York printer who, before the American Revolution even began, was jailed for slandering the colony’s royal governor. Zenger’s wife kept the presses going while he was in jail. Zenger was acquitted by the jury at his trial after they refused to follow the instructions given by the judge. This made him a pioneer of resistance against government oppression.
In 1787, four decades later, the Framers of the U.S. Constitution referred to Zenger’s Trial, calling it the “germ of American freedom”.
Let’s fast forward to the current. Trump is also being tried in New York by Judge Arthur Engoron, who has issued a gag-order that prevents Trump from criticizing members of the court. On Wednesday, Judge Arthur Engoron fined Trump $10,000 for allegedly criticizing Engoron’s secretary.
Engoron stated, “I do not think it violates someone’s First Amendment right to protect my employees.”
Wrong. It’s horribly wrong. The First Amendment was not intended to protect government officials from criticism.
The judges who preside over the Trump trials have a heavy hand, and are making him a poster child for the freedom of speech as well as the rights of those accused.
ACLU gets a big thumbs up for not letting politics interfere with principles and fighting against gag orders. Trump is not the only American who has the freedom to speak against government.
Trump declares, “They’re coming after me. “They’re after you and I’m in their way.”
Betsy McCaughey was a former Lieutenant Governor of New York, and is the chairman of the Committee to Reduce Infection Deaths. Follow her Twitter @Betsy_McCaughey.
