First Amendment Defense
In a strongly-worded response, Trump’s attorneys, Gregory Singer, John Lauro, and Todd Blanche, argued that Trump’s criticisms of potential witnesses, special counsel Jack Smith, and even U.S. District Court Judge Tanya Chutkan are protected by the First Amendment. They maintained that Trump’s statements were not actual threats or incitements to violence.
Prosecutors’ Request for a Gag Order
The request for a gag order was initiated by Smith’s legal team earlier this month in response to Trump’s inflammatory remarks about potential witnesses in his upcoming trial. Prosecutors cited these remarks, along with Trump’s attacks on prosecutors and Judge Chutkan, as well as figures like Mike Pence, as grounds for the gag order. They argued that Trump’s comments had historically led to threats and harassment against potential witnesses.
Trump’s Rebuttal
Trump’s legal team countered by stating that there is no evidence that Trump’s public comments have deterred witnesses from cooperating with prosecutors or preparing to testify. They asserted that Trump had never called for any improper or unlawful actions in his statements.
Influence on Jurors and Democratic Voting Patterns
Trump’s lawyers rejected the idea that Trump’s comments would unduly influence potential jurors in Washington, D.C. They argued that his remarks were a necessary response to media coverage of the indictment and Smith’s comments linking Trump’s actions to the events of January 6, 2021, at the Capitol. Trump’s attorneys also pointed to the heavily Democratic voting patterns in D.C., suggesting that Trump’s words were unlikely to sway jurors against the prosecution’s case.
Sweeping Language in the Proposed Gag Order
Additionally, Trump’s legal team contended that the proposed gag order, despite being described as “narrow” by prosecutors, contained broad language that could encompass a wide range of statements made by Trump or his surrogates.
The legal battle over the gag order is ongoing, with prosecutors expected to respond to Trump’s filing in the coming days. The outcome will have significant implications for Trump’s ability to publicly comment on his upcoming trials and the potential impact on witnesses and jurors.
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