US Attorney withdraws motion due to First Amendment concerns in Second Amendment case.

An Assistant U.S. Attorney Withdraws Motion to Muzzle Internet Reporter

During a recent hearing on August 11, an assistant U.S. Attorney attempted to silence an internet reporter‍ covering the sentencing of a man convicted of transferring machine gun parts. However, the motion was later withdrawn, according to the targeted reporter.

“I think she just didn’t like⁤ the mean comments (on the YouTube video),” said ‌John Crump, the reporter in question, in an interview with The Epoch Times.

John Crump is the host of the popular John Crump News YouTube channel and is also a frequent contributor to ⁣the AmmoLand.com Shooting and Sports News website.

According to court filings, Assistant U.S. Attorney Laura⁣ Cofer Taylor initially requested that John Crump destroy any copies of a pre-sentencing report he had obtained in‍ the case of United States v. Kristopher Justinboyer Ervin and Matthew Raymond Hoover.

Furthermore, she sought a gag order against Crump and demanded written verification that the report had been ⁤destroyed.

Speaking on his YouTube ​channel after the ⁤hearing, Crump revealed that Ms. Taylor did not speak during the August 11 hearing. Instead, a different U.S. Attorney addressed the court.

“He ⁣said the government ‌decided it was in their‌ best interests to go ahead​ and‌ withdraw that ⁤motion,” Crump explained.

In her motion, Ms. Taylor claimed that the report was privileged. The motion detailed recorded telephone ⁢conversations between Matthew Raymond Hoover and John Crump, discussing the report and how⁣ Crump would report on it. Additionally, the motion highlighted‍ offensive comments left on Crump’s YouTube videos about the case, some of‌ which made implicit threats and referenced Ms. Taylor’s⁢ health condition.

Will Daniels, a spokesperson for the U.S. ⁣Attorney’s Office in Tampa, Florida, declined to comment on​ the matter. ‌The U.S. Department of Justice media contact in Washington did not respond to requests for comment before the deadline.

Prior Restraint Criticized

In response to the government’s motion, Crump’s attorneys expressed outrage at the prosecutor’s attempt to impose ⁢prior restraint. This concept has been repeatedly rejected by the U.S. Supreme Court.

“Taking a page straight from Orwell’s 1984, the United ⁣States of⁤ America has asked this Court to take a blowtorch to the First Amendment, and impose a prior‌ restraint​ on a non-party’s publication and dissemination of information contained in a nonclassified, nonprivileged, nonsensitive criminal Presentence Report,” ⁢read ⁤the response from Crump’s legal team. “To ‌call the government’s request untethered to American Constitutional law would‌ be⁢ putting it mildly.”

Crump’s lawyers invoked a historic First Amendment decision to support their argument.

In 1967, Secretary of Defense Robert McNamara commissioned a report on ‍American progress in the Vietnam War. Portions of the report, which portrayed the United States unfavorably, were leaked to the New York Times in 1971. The government sued to prevent the publication of these documents, citing ‌national security concerns.

On June 30, 1971,⁤ the U.S. ⁤Supreme Court ruled 6-3 that the government had failed to prove its case and that the publication of the so-called “Pentagon Papers” was in the public interest under the First Amendment. Crump’s lawyers ⁣argued that the same principle applies in this case.

Reminiscent of‍ Pentagon⁣ Papers

“Prior restraints are the most⁣ egregious restrictions on expressive​ rights⁣ and are subject to the strongest presumption of invalidity,” the response continued. “Accordingly, a gag order preventing reporting by third parties on a matter of public concern would strike at the⁢ very heart ⁢of the press and ‍speech ​freedoms guaranteed in our bill of rights.”

Gun Owners of America (GOA) provided legal assistance and‍ issued a ‍statement following the hearing.

“We are grateful to our legal team for‌ their quick and decisive efforts to block this gag order on Second‌ Amendment reporter John Crump, who is a good friend ⁤of GOA. This assault on ⁣freedom of the‍ press was unacceptable, and we were proud to help in blocking the government’s ⁢attempt ​to censor John’s reporting,” wrote Erich‌ Pratt, GOA’s senior vice president, in a statement ‌to The Epoch Times.

Crump had obtained a presentencing report for Matthew Raymond Hoover, who is currently awaiting sentencing after being found guilty by a jury.