Trump accused of witness threats after Meadows
reportedly granted immunity
Special counsel says ex-president trying to send
‘threatening message to a foreseeable witness’ in election interference case
Martin
Pengelly in Washington
@MartinPengelly
Thu 26 Oct
2023 15.21 EDT
https://www.theguardian.com/us-news/2023/oct/26/trump-mark-meadows-witness-threats
The special
counsel Jack Smith accused Donald Trump of trying to “send an unmistakable and
threatening message to a foreseeable witness” in the federal election
interference case against him, after it was reported that Trump’s former chief
of staff Mark Meadows had been granted immunity.
The claim
from Smith came in a court filing late on Wednesday seeking a limited gag
order. The judge in the case, Tanya Chutkan, issued such an order last week but
suspended it when lawyers for Trump appealed.
Trump faces
four federal charges related to his attempt to overturn his defeat by Joe Biden
in 2020.
He also
faces 13 state charges related to election subversion in Georgia; 34 charges in
New York related to hush-money payments; 40 federal charges concerning his
retention of classified information after leaving office; and civil threats
including New York cases concerning his business affairs (a case in which Trump
has been fined for violating a gag order) and an allegation of rape a judge
deemed “substantially true”.
Denying all
accusations of wrongdoing, Trump enjoys huge leads in national and key state
polling regarding the next Republican presidential nomination.
ABC News
reported the Meadows immunity grant on Tuesday. As the Guardian previously
reported, Meadows appeared in March before the grand jury in the case after
being forced to testify under court order. Such immunity orders typically see
witnesses provide only limited statements, which the justice department
promises not to use against them.
A Trump
spokesperson said: “Wrongful, unethical leaks throughout these Biden
witch-hunts only underscore how detrimental these empty cases are to our
democracy and system of justice and how vital it is for President Trump’s first
amendment rights to not be infringed upon by un-constitutional gag orders.”
But Trump
himself used Truth Social, the platform he set up after being thrown off
Twitter for inciting the January 6 attack on Congress, to address the Meadows
story.
“I don’t
think Mark Meadows would lie about the Rigged and Stollen [sic] 2020
Presidential Election merely for getting IMMUNITY against Prosecution
(PERSECUTION!) by Deranged Prosecutor, Jack Smith,” Trump wrote, in typically
idiosyncratic style.
“BUT, when
you really think about it, after being hounded like a dog for three years, told
you’ll be going to jail for the rest of your life, your money and your family
will be forever gone, and we’re not at all interested in exposing those that
did the RIGGING – If you say BAD THINGS about that terrible ‘MONSTER’, DONALD J
TRUMP, we won’t put you in prison, you can keep your family and your wealth,
and, perhaps, if you can make up some really horrible ‘STUFF’ a[b]out him, we
may very well erect a statue of you in the middle of our decaying and now very
violent Capital, Washington DC.
“Some
people would make that deal, but they are weaklings and cowards, and so bad for
the future our Failing Nation. I don’t think that Mark Meadows is one of them,
but who really knows?”
As special
counsel, Smith was appointed by but operates independently of Merrick Garland,
the US attorney general. Trump has regularly claimed political persecution by
Garland and Smith, supposedly at the direction of Biden.
In their
court filing on Tuesday, lawyers for Smith said a gag order needed to be
reinstated in the federal election interference case because Trump “has a
demonstrated history of using inflammatory language to target certain
individuals in a way that pose[s] a significant and immediate risk that
witnesses will be intimidated or otherwise unduly influenced by the prospect of
being themselves targeted for harassment or threats; and attorneys, public
servants, and other court staff will themselves become targets for threats and
harassment”.
Trump, the
filing said, had “capitalised on the court’s administrative stay to, among
other prejudicial conduct, send an unmistakable and threatening message to a
foreseeable witness in this case”.
On
Wednesday, Jonathan Turley, a conservative George Washington University law
professor who has appeared as a witness for House Republicans considering
impeaching Biden, called Smith’s gag order filing unconstitutional, adding:
“Smith is, again, dismissing free speech concerns.”
Looking to
the Republican primary and perhaps the presidential election beyond, Turley
said voters would “have to weigh the merits of these charges and the veracity
of witnesses. The gag on Trump will not diminish that chatter and debate.”

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