Special Counsel Jack Smith used Trump’s recent post trying to intimidate Mark Meadows to argue for the administrative stay on the gag order to be lifted.

Smith wrote to the court:

The defendant has moved to stay that Order pending appeal, insisting that he is entitled to target trial participants. ECF No. 110. But because he has failed to show either a substantial likelihood of success on the merits, or that the public interest weighs in favor of a stay, the defendant’s motion should be denied. Moreover, based on the defendant’s recent social media posts targeting a known witness in this case in an attempt to influence and intimidate him, the Court should lift the administrative stay and modify the defendant’s conditions of release to prevent such harmful and prejudicial conduct.

On October 20, 2023, the defendant moved (ECF No. 110) to stay the Order, and the Court granted an administrative stay pending resolution of that motion (Minute Order). In the few days since the administrative stay has been in place, the defendant has returned to the very sort of targeting that the Order prohibits, including attempting to intimidate and influence foreseeable witnesses, and commenting on the substance of their testimony. For example, on October 24, 2023, the defendant took to social media to respond to a news report claiming that his former Chief of Staff, identified in the indictment, had testified in exchange for a grant of immunity.

Each time that Trump tried to intimidate witnesses, contaminate a jury pool, or violate a gag order, Jack Smith is there. The former president still hasn’t figured out that the Special Counsel is always watching and listening. Trump doesn’t seem to believe that anything he says can and will be used against him.

Special Counsel Smith and his prosecutors are operating in a realm that is completely foreign to Trump. Donald Trump is being held accountable for his statements.

One of the reasons why Trump could end up being convicted of a federal felony is that he can’t grasp that he isn’t above the law and that his actions and statements have consequences.


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