Tipsheet

'Truly Un-American': Legal Expert Mike Davis Slams Use of Unconstitutional Gag Order

Rebecca Downs
Rebecca Downs  |  April 16, 2024 9:15 PM

The first criminal trial against former and potentially future President Donald is moving forward, with Tuesday bringing us more of jury selection. As Matt covered on Monday, the trial thus far has been incredibly unfair to Trump, and not merely because it's such a weak case. Manhattan Judge Juan Merchan, who has been criticized as "a Democratic operative in a robe," won't even let Trump attend his son's high school graduation. Manhattan DA Alvin Bragg is no better, though, as he's looking to punish Trump for violating the unconstitutional gag order thrust upon him.

The Article 3 Project's Mike Davis called out such a move from Bragg in his many posts shared to his X account, as well as with his many media appearances. This included an appearance with Jack Posobiec, who also shared coverage from The Post Millennial. As Davis has warned before, when the gag order was first announced back in late February, "these are republic-ending tactics by these Democrats."

As the article mentioned:

Manhattan DA Alvin Bragg’s office has filed a formal request to hold Trump in contempt over three social media posts. 

Prosecutors said during Monday’s hearing that three of Trump’s social media posts from this month "plainly violate" Judge Juan Merchan’s gag order, claiming they target witnesses who will be testifying at the trial, according to ABC News. 

The prosecutors wrote in the filing, "And defendant's violations were knowing and willful -- indeed, they are the latest in what this Court has already recognized as a deliberate strategy to impede this criminal trial. To be sure, defendant has loudly and repeatedly complained that the order is unlawful, in both court filings and other public statements. But no court has agreed with his objections, and a defendant's mere disagreement with a court's order is no defense to criminal contempt." 

...

A hearing on the matter has been scheduled for next Tuesday. 

According to Fox News, Trump could be fined $1,000 for each violation of the gag order. 

When news broke about Bragg looking to hold Trump in contempt, Davis laid out in detail the anti-Trump connections that the judge and his adult daughter have, referring to the gag order as "illegal, unconstitutional, and punitive," as he also warned about the use of gag orders against criminal defendants. 

This applies in Trump's case in particular, with Davis writing how concerns about the gag order apply "[e]specially when this unprecedented criminal process is so clearly lawfare and election interference, to take out a political opponent in a critical presidential election year."

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Davis also emphasized how this should concern all Americans.  "Biden Democrats are running a corrupt process that should worry all Americans who understand a politicized and weaponized justice system will destroy our country," he warned. 

"This is a criminal conspiracy by these Biden Democrat prosecutors, judges, and other attorneys to violate Trump’s civil rights," Davis continued, again repeating how "[t]hese are republic-ending tactics by these Biden Democrats" and declaring "[t]here must be severe legal, political, and financial consequences."

During his appearance on OAN, Davis made similar points about concerns with a gag order and the trial over all, especially since the gag order "is a very limited measure," and one that is actually meant to protect criminal defendants and their constitutional rights rather than punish them. Davis called such a use of the gag order "just unheard of" and warned "it turns the constitution on its head from a shield that protects us from the government, to a sword the government uses to come after us."

Davis also emphasized that "this is truly un-American to gag a criminal defendant, who has--who must have the 1st, 6th, and 14th amendment rights to speak out about the unfair politicized and weaponized process." He also noted "this is particularly true for a criminal defendant who happens to be a leading presidential candidate in the election that's coming up this year."

Polls have consistently shown that the American people believe the charges, especially those brought by Bragg in a hush money case, are politicized. A more recent poll, from AP-NORC also shows that just 35 percent of Americans believe Trump acted illegally in this case. Forty-four percent are also not confident, including 30 percent who say they're "not at all confident" he'll be treated fairly by New York prosecutors. 

Trump was indicted by a grand jury in late March of last year and arraigned last April on 34 charges. Bragg charged Trump with felonies in the case when he could have brought the charges as misdemeanors, was using an untested legal theory, and after the statute of limitations had expired. As the OAN segment also highlighted, the case is being resurrected despite how the Department of Justice, Federal Election Commission, and Bragg's predecessor, as well as Bragg himself, formerly declined to prosecute. 

Speaking about the dangerous precedent this sets, Davis warned that "if they can do this to a billionaire former and likely future President of the United States, just imagine what they can do to the rest of us," adding "President Trump is simply in their way."

Following the jury selection on Tuesday, Trump appeared at the Sanaa Convenient Store in Harlem where he gave remarks and was met with a welcome reception and cheers of "four more years!" The bodega where Trump visited was where Jose Alba defended himself against an attacker, and was then actually charged by Bragg, who only dropped the murder charges after public outcry and pressure. Alba announced last year he is suing Bragg. 

Trump also even offered a prediction that New York could be in play for the 2024 election.