Former federal prosecutors Francey Hakes and Jay Town told Newsmax on Monday there are many problems with the gag order requested by special counsel Jack Smith in the case against Donald Trump in Washington, D.C., not the least of which is that it’s a “tactical mistake.”

Further, Smith’s request to mute Trump, a former president, presents a First Amendment issue, the pair said on “The Record with Greta Van Susteren.”

“It’s sort of a 19-page whine by Jack Smith,” Town said about the narrow gag order requested by Smith on Sept. 15. “If you wanna indict the most famous person on the planet, you really need to just suck it up.”

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