'There could be action taken': Expert says Trump walking 'fine line' in Jack Smith attacks

Trump's "go to HELL" post-Christmas wish to special counsel Jack Smith is likely safe free speech as he marches along a thin legal tightrope.

"...these particular statements probably fall within the allowable side of things and, certainly not surprising, we all know Trump's stance on him at this point, but there's always that opportunity that he could cross that line and there could be action taken," said former federal prosecutor Katie Cherkasky, appearing on CNN's "Out Front."

Touting a Breitbart column penned by a 92-year-old lawyer in Republican Party politics, Trump further attacked the special counsel, claiming he was operating on behalf of President Joe Biden, captioning the post: "Biden’s Flunky, Deranged Jack Smith, should go to HELL."

"He is helping his Corrupt and Incompetent President to destroy America through Weaponization and ELECTION INTERFERENCE!" he raged.

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Trump contends that the Justice Department would have spared him an indictment if he had been campaigning for president, but that the investigations were already ready to go before he could formally announce.

The 45th president has failed to nix a gag order that was reinforced earlier this month by a New York appellate court on who denied Trump's argument that it prevents him from launching attacks on New York Judge Arthur Engoron's staff.

So far, mincing words when it comes to Jack Smith and the pending criminal federal case slated to begin March 4 hasn't crossed a point of no return.

"In terms of President Trump's opinion, I don't think you're going to be finding in a criminal defendant who would feel very differently at a prosecutor going after them," Cherkasky said. "Now, in terms of what his speech is that is protected versus what is subject to gag orders, that has been obviously the subject of a lot of litigation here and I think when we're talking about personal opinions about you know, 'Go to hell!', things that are not specific, directed threats that would fall under a criminal statute, you're going to run into any sort of enforcement with First Amendment issues."

The comments are on-brand for Trump and it's therefore hard to sound the alarm bells, the expert said.

"Certainly, I think a big part of Trump's platform is that the DOJ is corrupt, that Jack Smith is particularly corrupt."

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