Special counsel Jack Smith has petitioned a federal judge to issue a gag order against former President Donald Trump, aiming to prevent him from making attacks on prosecutors, the judge, or potential witnesses involved in his federal criminal trial connected to efforts to undermine the 2020 election.
In a request made public on Friday, prosecutors argued that Trump’s past and recent conduct, including actions following his indictment in this case, underscores the necessity for such an order. They noted that Trump’s previous comments had already resulted in the harassment of potential witnesses.
U.S. District Court Judge Tanya Chutkan, who presides over the case, unsealed the government’s request, asserting that Trump’s “disparaging and inflammatory attacks” on prosecutors, witnesses, and the judge herself have been detrimental to the fairness of the proceedings.
Given Trump’s history of using public statements and social media to settle scores and make incendiary remarks, a clash regarding a gag order seemed inevitable. Trump currently faces four criminal cases, and his proclivity for public commentary has raised concerns about the legal process’s integrity.
Trump quickly responded to the news of the gag order request via his social media platform Truth Social, stating, “So, I’m campaigning for President against an incompetent person who has WEAPONIZED the DOJ & FBI to go after his Political Opponent, & I am not allowed to COMMENT? They Leak, Lie, & Sue, & they won’t allow me to SPEAK?”
While a gag order inherently limits a defendant’s First Amendment rights, Trump’s unique situation involves an active campaign to return to the White House, utilizing his legal cases as part of his political strategy.
Prosecutors argue that Trump’s public remarks are not merely breaches of decorum but rather have historically incited harassment by his followers. They pointed to instances where Trump’s social media attacks led to threats against figures like his former cybersecurity aide Chris Krebs, Georgia election worker Ruby Freeman, and former Georgia Lt. Gov. Geoff Duncan.
In addition to the gag order request, federal appeals court records released on Friday revealed that the same team of prosecutors previously sought to prevent Twitter from informing Trump about an impending search warrant. They were concerned that notifying him could “precipitate violence” or enable him to attack and intimidate witnesses.
Taken together, these filings paint a picture of a former president who is viewed as a significant threat to the courts, the justice system, and those who oppose him in his legal cases. Prosecutors assert that Trump knowingly spreads falsehoods about his critics and the judicial process, inciting his followers to take action on his behalf.
The Justice Department’s filings also highlighted Trump’s repeated incendiary attacks on Jack Smith, prosecutor Jay Bratt, and Judge Tanya Chutkan. They accused Trump of disseminating a “knowing lie” by falsely claiming that Bratt had met with President Joe Biden‘s White House officials when, in fact, he was conducting a standard interview of a military official stationed at the White House.
Moreover, prosecutors expressed concern about Trump’s specific criticisms of Washington, D.C., insinuating that any jury seated in the nation’s capital would be biased. Trump had previously stated on Truth Social, “No way I can get a fair trial, or even close to a fair trial, in Washington, D.C.”
In response to these concerns, Judge Chutkan had warned during a prior hearing that Trump could face repercussions if he sought to inflame passions related to the prosecution, emphasizing that the administration of justice must take precedence over political campaigns.
Trump’s legal team, meanwhile, has requested that Judge Chutkan recuse herself from the case, arguing that her prior comments in other Jan. 6-related cases indicate bias. Prosecutors are opposing this request, with Trump’s lawyers asking for a ruling on the recusal matter before addressing other motions in the case.
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