Look, when the left says that they stand for the First Amendment, don’t believe it. They don’t actually mean that. In partial victory, though, for the tyrants in the DC. Or the US. District Judge Tanya Chutkin has partially granted special counsel Jack Smith’s whining request for a gag order in Trump’s case, barring him from making public statements targeting prosecutors, possible witnesses, and the judge and staff and all that stuff.

Now, Smith’s prosecutors argued that Trump’s social media and campaign trail rhetoric, quote, may intimidate witnesses, increase the chance of violence, and taint the Washington, DC. Jury pool ahead of his March 4 trial. In other words, they just don’t like Orange Man making fun of them. That’s basically what they said, and they wanted to cry about it in front of a judge. I say, Donald Trump, do it. Continue to take your shots at this politically partisan hack.

I dare them to throw Donald Trump in jail ahead of this election. If it wasn’t a lock already, it certainly will be by that point. This is the greatest example of election interference to date. Take away the man’s ability to fight back. Pound sand. Judge. Joining me now to discuss former New Jersey Superior Court judge and host of Judging Freedom Podcast, Andrew Napolitano. Judge, would you ever order a gag order for someone like Trump on a situation like this? Well, Carl, I never issued a gag order, notwithstanding a lot of requests to do so, and I never would.

Not so much because he’s Donald Trump and not so much because he’s running for president, but because he’s a human being who has the natural right to speak his mind. And that right happens to be protected by the First Amendment. And that happens to be in the highest category of rights that we have. It is not a balancing act. It’s not a balancing between his right to speak freely and the prosecution’s right to be free from criticism, because the prosecution has no right to be free from criticism.

The defendant can say whatever he wants. You know what’s interesting? Not all prosecutors like gag orders, because sometimes an unbridled defendant says things that gets himself in trouble, and the prosecutors make hay out of it. I think these people have thin skin and they don’t like being attacked. Big deal. Get another job if you don’t like being attacked. When you prosecute people and the people you prosecute have a big megaphone, expect some blowback that comes with the I mean, obviously, that’s the other thing.

But let’s mean, look, Trump being Trump, he may go out there and say, you know what? Screw you guys. I’m going to go against this anyway. Do you think this judge would actually hold him in contempt, maybe even throw him in jail? Do you think they have the backbone to actually follow through? And do you think Trump should test it? I think Trump should test it because it will do him great.

Stead in the court of public opinion, but it will not do him good inside the door of that courtroom. This judge does have the fortitude. It sounds inconceivable, but she does have the fortitude to lock him up. She has already ruled against him on this case and on other cases, and it would be dangerous for him to challenge her. But I told the line I’d go as far as I could look.

The appeals court may see it differently. I don’t think they will. The gag order, which isn’t reduced to writing yet, but the way she described it today in the courtroom will be very moderate of tone. It’s less than half of what the government wanted, but it’s wrong in our system. He should be able to say whatever he wants about the court. This doesn’t interfere with him saying what he wants about her, about the prosecutor, and about the witnesses.

They singled out two witnesses. You tell me if you think either of these witnesses is going to be intimidated out of testifying general Mark Milley and former Vice President Mike Pence. I don’t think the president is going to former president is going to scare either of those guys. But also, they’re always saying, like, oh, it may taint the jury. There’s not a person on this planet who doesn’t have an opinion against Donald Trump.

When I see these polls from well respected poll places are like, oh, yeah, there’s like, 16% of America’s undecided. Are you high? Like, who’s undecided? Look, I once tried Howard Stern, and it would take weeks to find a jury that is neutral, that doesn’t have an opinion on them. I’ll tell you about the Stern case another time. We ended up becoming friends after it. But it is the job and the duty of the judge to find 16 jurors, twelve jurors and four alternates who are neutral.

It is not her job to silence people. Right, but that’s the other thing, too. This woman has already I mean, this is why I think Trump should just throw his hands up and be like, you know what? The heck with your order. I’m going to do what I want anyway. I dare you to throw me in jail. Because she’s already said in trials from other J sixers that’s the judge right there, Tanya Chutkin, that Trump is the real perpetrator of these crimes.

She said that to other defendants. How can she even I mean, obviously, is there any way to remove her other than herself? Recusing herself? They have moved to recuse her, and she denied it. You can appeal that to the appellate court, but that appellate court, the DC. Circuit, ordinarily does not get involved in cases like that absent some serious conflict of interest, the fact that she’s ruled against him or said some negative things about him.

Remember, this case will be decided by the jury, not by her. So they’re stuck with her, just like the government is stuck with Judge Cannon in the Florida case. It’s the luck of the draw, whoever you end up with. Well, also, he’s got a jury in a place that I think votes 98% Democrats. They’ll find 16 people that are neutral, and if they can’t, they’ll have to bring in jurors from outside of DC.

You think I’m eligible for that? Me? I’m neutral? No, you and I are not eligible to sit on his jury. Carl, he’d love it. That’s too bad. Anyway, Judge Napolitano, pleasure having you on, sir. Every Monday, of course, my friend. Thank you. All right, coming up, new libra. .