Jack Smith Compared Himself To A Saint During Court Briefing

 November 18, 2023

Special Counsel Jack Smith requested a gag order on Donald Trump, drawing an analogy with King Henry II's indirect order that led to the murder of Thomas Becket in 1170.

Smith’s filing to the D.C. Circuit Court of Appeals sought to maintain a gag order on Trump, initially imposed by Judge Tanya Chutkan. The order is currently stayed pending appeal.

The parallel drawn by Smith compares Trump's use of social media to the infamous question posed by King Henry II, which indirectly resulted in the murder of Archbishop Thomas Becket. Smith argues that even indirect remarks can be perilous.

This comparison is not just a mere historical reference. Smith asserts that Trump's "targeted disparagement" could be dangerous, even without explicit calls for violence or harassment.

Judge Chutkan's initial gag order aimed to mitigate potential harm from Trump's statements, with the appeal process now putting the decision in the hands of the D.C. Circuit Court.

Legal and Historical Implications

Special Counsel Smith’s filing goes beyond the immediate legal implications, delving into historical context to strengthen his argument, NY Sun reported.

He cites King Henry II’s words, “Will no one rid me of this meddlesome priest?” which historians believe led to Becket’s assassination. This reference underscores the potential impact of influential figures’ words.

Trump's criticism of Smith and the investigation continues, despite the stayed gag order, fueling further debate over the boundaries of free speech for public figures.

First Amendment Considerations

At the core of the appeal is a significant First Amendment issue: balancing Trump’s rights as a presidential candidate against potential dangers from his statements.

The appeals court is faced with deciding whether the gag order unjustly infringes on Trump's freedom of speech, a decision with far-reaching implications for political discourse.

Smith’s argument emphasizes the risks associated with Trump's rhetoric, likening it to historical events where words led to dire consequences.

Trump’s Counter-Narrative

Former President Trump has not held back in his criticism of Smith and the ongoing investigation.

He labels Smith as a "Trump-hating prosecutor," alleging a personal vendetta against him. This narrative by Trump adds another layer to the legal battle, intertwining personal allegations with constitutional debates.

Trump's staunch defense and active social media presence have kept him in the spotlight, maintaining his influence over public opinion during the legal proceedings.

Perspective on Indirect Orders

Professor James Simpson offers an academic viewpoint on the situation, noting the relevance of the historical citation, “Citation of Henry II is perfect — it’s the locus classicus for indirect orders.”

The professor highlighted the enduring relevance of historical incidents in understanding modern political rhetoric.

Smith's use of this historical analogy is not just a legal strategy but also a reminder of the power of words, especially when spoken by influential leaders.

Historical Context and Penance

The legal filing by Smith also touches upon the aftermath of Becket's murder, including King Henry II's penance and the later destruction of Becket's shrine by Henry VIII.

This broader historical perspective serves to illustrate the long-term consequences and remorse associated with indirect incitement, drawing a parallel to current events.

Such historical references in legal arguments are rare, adding a unique dimension to the ongoing legal discourse surrounding Trump's actions.

Timeline of Events

The narrative surrounding the gag order on Trump spans from a historical event in 1170 to ongoing legal proceedings in 2023.

Key events include Becket's murder, the imposition of the gag order by Judge Chutkan, Trump's appeal, and the impending trial scheduled for March 2023.

This timeline not only situates the current legal battle in a historical context but also outlines the progression of events leading to the current appeal.


  • Special Counsel Jack Smith requested a gag order on former President Trump, citing a historical parallel to King Henry II and Thomas Becket's murder.
  • Trump's rhetoric on social media is likened to Henry II's indirect order, with potential dangers highlighted.
  • The legal battle includes First Amendment considerations and the impact of Trump’s words on public safety.
  • Trump continues to criticize Smith and the investigation, maintaining his influence on public discourse.
  • The case's historical context, with references to Henry II's penance and the destruction of Becket's shrine, adds depth to the legal arguments.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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