Politics makes for strange bedfellows. The American Civil Liberties Union (ACLU) announced it will file an amicus brief to argue that the limited gag order imposed on former President Donald Trump in his election interference case in Washington, D.C. is unconstitutional.

The announcement was made on the same day that federal prosecutors asked U.S. District Judge Tanya Chutkan to reinstate the gag order. The gag order is currently paused but prosecutors argue that it is necessary to keep Trump from speaking out against witnesses.

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, Special Counsel Jack Smith’s team argued in court papers filed Wednesday.

In the ACLU’s proposed brief, senior staff attorney Brett Kaufman wrote that Trump has made statements that have been “patently false” and have “caused great harm to countless individuals, as well as to the Republic itself.”

To be clear, the ACLU agrees with Jack Smith that Trump is a danger to the Republic but the ACLU is standing up for Trump’s First Amendment right to lash out on Truth Social. And, others have a right to hear what he has to say.

Trump had a partial gag order imposed on him by Judge Chutkan on October 17 to keep him from making statements against Special Counsel Jack Smith, his staff, witnesses, and court personnel. Chutkan said Trump can criticize the Justice Department in general terms and can post his opinion that the case against him is politically motivated. But, she said, Trump cannot attack prosecutors or court staff on social media.

Trump appealed the gag order, arguing that his First Amendment rights are being violated with the gag order. Chutkan issued a stay on the gag order pending Trump’s appeal. Trump went right back to posting on Truth Social about Smith and the witnesses.

The ACLU isn’t siding with Trump because it agrees with Trump’s grievances. It is doing so because while the First Amendment doesn’t protect incitements to violence or threats, the gag order is not justified. Prosecutors have not shown that Trump’s speech will threaten the administration of justice.

The ACLU argues Chutkan’s order is too vague on its ban on “targeting” the special counsel, potential witnesses, and the “substance of their testimony” because it could be read such that Trump would violate the order by merely mentioning those people.

The civil rights group also suggests the order is too broad because it covers Smith, a public official, and the “substance” of any witnesses’ testimony, which will be highly relevant to the 2024 presidential campaign. Trump has a commanding lead in polls of the 2024 Republican presidential primary.

“No modern-day president did more damage to civil liberties and civil rights than President Trump, but if we allow his free speech rights to be abridged, we know that other unpopular voices — even ones we agree with — will also be silenced,” said Anthony D. Romero, executive director of the ACLU. “As much as we disagreed with Donald Trump’s policies, everyone is entitled to the same First Amendment protection against gag orders that are too broad and too vague.”

It is easy to criticize the prosecution of Donald Trump because partisan political actors like Jack Smith make it easy. Even Democrats admit that Trump is being politically persecuted, mostly in hopes of keeping him out of the White House. It is political interference.

Trump’s attorney John Lauro agrees with the ACLU and its argument about Trump’s First Amendment rights.

For Jack Smith’s team, it is all about the words that Trump uses on social media against them and the witnesses.

The partial gag order in the D.C. case isn’t the only gag order imposed on Trump. New York Judge Arthur Engoron imposed a gag order on Trump in the lawsuit against Trump and the Trump Organization brought by New York Attorney General Letitia James. Trump was given a $10,000 fine Wednesday for violating that gag order. He was threatened with jail time if he further violated the gag order. Judge Engoron fined Trump $5,000 last Friday for his posts on social media.

Trump’s legal team argues that the gag orders are overkill and interfere with his ability to campaign as a presidential candidate.

It’s hard to not notice a two-tiered justice system when it comes to Trump. Just look at how Trump’s political opponent, Joe Biden, and his family business dealings are being treated with much more deference than Trump’s business dealings. Prosecutors have brought in Trump’s children who are part of the Trump Organization. All of this is unprecedented. No other former president has not been prosecuted after leaving office, especially during a political campaign.

We’ll see how the ACLU’s intervention on behalf of Trump’s First Amendment rights goes.