Leading the federal election meddling case, the prosecutor has requested a gag order on Donald Trump. Special Counsel Jack Smith states this order aims to prevent witness harassment.
Donald Trump immediately responded, accusing Smith and his team of misconduct. “They won’t allow me to SPEAK?” he wrote online. He has already denied the charges of conspiring to overturn the 2020 election.
District Court Judge Tanya Chutkan unveiled the request, submitted a week prior. On Friday, this request joined other older documents from the case made public.
Prosecutors describe their proposal as “a narrow, well defined restriction”. They argue it’s essential to avoid disinformation, threats, and case “prejudicing”. The proposed order would forbid Trump from making disparaging, inflammatory, or intimidating remarks about parties, witnesses, attorneys, court personnel, or potential jurors. However, it doesn’t stop him from quoting public records or asserting his innocence.
Imposing any limitations on Trump’s first amendment rights, especially as he campaigns for the 2024 presidency, could trigger a significant constitutional court challenge.
Trump’s lawyers wrote to Judge Chutkan last week, alleging bias against Trump and requesting her recusal. We’re still waiting for her decision on these motions.
On his social media platform, Truth Social, Trump remarked: “So, I’m campaigning for President against someone who has WEAPONIZED the DOJ & FBI to target his Political Opponent, & they’re restricting my COMMENTS?”
Addressing the Concerned Women for America group in Washington DC, he said that while prosecutors aim to silence him, he believes they’re really targeting his supporters. He told the attendees, “They’re after you, and I’m just in their path.”
The request references particular statements and online posts by Trump and individuals who allegedly faced intimidation after his criticisms. For instance, after Trump called Judge Chutkan “a radical Obama hack”, a woman got arrested for making racially-charged threats against the judge. The filing claims this stemmed from Trump’s remarks.
Additionally, the document cites instances where Trump’s criticisms allegedly led to harassment by his followers against a Georgia election worker and his former cybersecurity aide. In a related revelation on Friday, Twitter reportedly handed over 32 direct messages from Trump’s account to Smith’s team, despite their initial resistance.
Currently leading the race for the 2024 Republican presidential nomination, Trump confronts growing legal challenges. He faces four indictments, one of which concerns the 2020 presidential election results.