Ex-prosecutor urges judge to drop the hammer on Trump: 'Only protection our democracy has'

Former U.S. President Donald Trump delivers remarks outside the club house at the Trump National Golf Club on June 13, 2023 in Bedminster, New Jersey.

Former federal prosecutor Shan Wu thinks it's time to stop playing nice with former President Donald Trump.

Writing in The Daily Beast with a column titled "Gag him completely," Wu makes the case that the current gag orders still give the former president far too much freedom to make intimidating threats against judges and their families.

In his piece, Wu notes the unique incentives that make containing Trump with a limited gag order an impossible task.

"Most defendants don’t insult and smear prosecutors and judges since there is little to gain by p---ing off the people bringing charges against you and the person who may sentence you," he argues. "Trump is not worried about that though, because he is using the criminal charges to buttress his presidential campaign."

Wu then says that such behavior cannot be taken lightly given the lengthy history Trump has of inspiring his followers to commit acts of violence against his perceived enemies.

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"The dangerousness of his remarks arise from the proven track record of his remarks inciting violence: January 6, the Walmart mass shooter whose manifesto invoked Trump, the threats received by all the judges in his cases, the swatting of Special Counsel Jack Smith on Christmas, the white powder mailed to Bragg — the list goes on," he contends.

"These incidents reflect deeper problems than just Trump mouthing off, but in the context of court cases gag orders are a tool to lessen danger if only judges will apply it without hesitation or favor."

Trump was recently placed under a gag order involving his hush money trial that's set to start April 15. But it covers only court staff, witnesses and jurors. It doesn't affect Trump's comments on the judge, the district attorney or their families.

Trump has taken advantage of that with frequent posts claiming that the judge's daughter is biased against him.

Wu concludes by saying that giving judges and prosecutors security details isn't enough to protect against the damage Trump is doing since he's really aiming his wrath at the entire legal system.

"Judges and prosecutors might have security details to protect them, but the only protection the rest of us have — and the only protection our democracy has — is the courage of public officials to do their jobs," he writes. "And that means gagging Donald Trump. Completely."

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