Trump Defies Prosecutors, Urges Judge to Reject Gag Order in Federal Election Interference Case
Trump's lawyers claim that the gag order requested by special counsel Jack Smith in the federal election interference case is unconstitutional, overly broad, and an attempt to silence the former president during the upcoming 2024 presidential race
In their court filing on Monday, attorneys representing Former President Donald Trump claimed that the gag order suggested by special counsel Jack Smith in relation to the federal 2020 election interference case is unconstitutional, excessively wide-ranging, and an attempt to censor the former president during the 2024 presidential race. Trump's legal team described the proposed gag order as an evident tactic employed by the Biden Administration to unlawfully silence their client, who is considered their most prominent political rival.
Trump is urging US District Judge Tanya Chutkan to reject the prosecutors' request for a complete gag order and is seeking a hearing on the matter. Chutkan, who was appointed by Obama and is overseeing the criminal case in Washington, DC, has not yet decided whether to grant the request for a gag order.
Previously, Justice Department prosecutors argued that a limited gag order should be in place for the former president to maintain the trial's integrity in March. They highlighted Trump's previous false public statements regarding the 2020 election, which aimed to undermine public trust in the election process and intimidate those who challenged his falsehoods.
In addition to three other criminal cases against the former president, Trump is now under investigation for federal election interference. This case includes four charges, which are obstruction of an official proceeding and conspiracy to defraud the United States.
Previously, prosecutors requested Judge Chutkan to restrict Trump's public statements and social media posts. Specifically, they asked the judge to limit Trump's ability to discuss "the identity, testimony, or credibility of prospective witnesses" and to refrain from making disparaging, inflammatory, or intimidating remarks about any party, witness, attorney, court personnel, or potential jurors.
Trump has been instructed to refrain from intimidating potential witnesses or discussing the case with them.
"In their filing on Monday night, Trump's attorneys pointed out that the prosecution may dislike the valid criticisms made by President Trump, but it is not their role, nor is it the Court's, to control what the public can hear. It is important to clarify that the prosecution's intention is to set up a trap of contempt for President Trump and his legal representatives."
Trump's attorneys argued in the filing that there have been no instances of him intimidating anyone. They dismissed the notion that the prosecution and the Court could be influenced by critical social media posts as utterly absurd.
Trump has consistently utilized social media as a means to target special counsel Jack Smith and Chuktan. Prosecutors further pointed out his condemnations of former Vice President Mike Pence and former Attorney General Bill Barr, both potential witnesses for the trial scheduled for the following year.
Trump's legal team has also rebutted the prosecutors' request for a court order that would prohibit them from surveying potential jurors for the case without prior approval from the court. The defense attorneys are allowed to conduct surveys among residents who may potentially be part of the jury pool, inquiring about general aspects related to the case. The collected data can be utilized as evidence in support of a motion to change the trial's location.
