DC appellate court just slapped down Special Counsel Jack Smith’s “stochastic terrorism” argument and told him to grow a pair…

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from Revolver News:

Jack Smith appears to be in panic mode at the moment, deploying every tactic and all of his weaponry to confront the resilient Trump, who appears to be slipping from his grasp in the court of public opinion. However, Jack is well aware that he doesn’t require public support to undermine President Trump; all he needs is a strategically positioned Obama-appointed judge to aid in carrying out his agenda. Jack attempted to use one of the left’s most potent weapons against President Trump: “stochastic terror.” However, his plan backfired when appellate court judges shut him down and told him to put his “big boy” pants on.

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Investigative reporter Julie Kelly shared the bombshell information in a thread on X. Here’s some of what she had to say:

Reading now DC appellate court ruling that mostly upholds gag order on Trump.

One thing is very clear: This panel strongly refuted the media’s description of the order as “narrow.”

“The district court’s order, however, sweeps in more protected speech than is necessary.”

On balance–while the Dem judges certainly take their shots at Trump–the decision is a defeat for Judge Chutkan and Jack Smith in particular.

As far as public statements re potential witnesses–Chutkan prohibited all comments on those individuals including former WH officials.

“The district court’s ban on speech that ‘targets’ witnesses and trial personnel reaches too far. The ordinary meaning of statements that ‘target’ a person is statements aimed at or directed toward a person or entity.”

This ruling narrows the scope to include statements “concerning their potential participation in the investigation or in this criminal proceeding.”

Noting that potential witnesses including individuals who speak critically of Trump (Bill Barr, Mark Milley, Mike Pence), the judges argue Trump has a right to fight back as long as it doesn’t pertain to the trial.

“Mr. Trump has a First Amendment interest in publicly debating those individuals’ commentaries in a way that is independent of and disassociated from any role they might have in the trial. Yet the Order would proscribe such speech because it would speak about someone who is a reasonably foreseeable witness, even if Mr. Trump’s speech would have nothing to do with their witness role or the possible content of any testimony.”
OMG LOL this is so embarrassing for Jack Smith.

Recall–Smith is the one who asked for a gag order prohibiting Trump from posting mean things about him.

3 Dem judges basically said: put your big boy pants on.

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Chutkan gag order above.

DC appellate court version below.

You can read the rest of Julie’s thread here.

We foresaw the weaponization of “stochastic terror” a year ago. Revolver published a compelling piece on the subject that is both informative and eye-opening.

Read More @ Revolver.news