Trump asks judge to reject gag order requested by prosecutors in federal election interference case
Former President Donald Trump鈥檚 attorneys argued in a court filing Monday that a gag order requested by special counsel Jack Smith in the federal 2020 election interference case is unconstitutional, overly broad and an effort to censor the former president during the 2024 presidential race.
鈥淭he Proposed Gag Order is nothing more than an obvious attempt by the Biden Administration to unlawfully silence its most prominent political opponent,鈥� Trump鈥檚 attorneys said in the response.
Trump is asking U.S. District Judge Tanya Chutkan to deny the prosecutor鈥檚 request for a gag order entirely, requesting a hearing on the matter. Chutkan, an Obama appointee overseeing the criminal case in Washington, D.C., hasn鈥檛 yet made a decision on the request for a gag order.
Justice Department prosecutors previously said a limited gag order on the former president is needed to protect the integrity of the trial in March. The prosecutor鈥檚 argument for a gag order pointed to false public statements Trump previously made around the 2020 election 鈥渢o erode public faith in the administration of the election and intimidate individuals who refuted his lies.鈥�
The federal election interference investigation is one of four criminal cases against the former president. Trump is facing four charges in this case, including obstruction of an official proceeding and conspiracy to defraud the United States.
Prosecutors previously asked Chutkan to reel in Trump鈥檚 public statements and posts on social media and specifically asked the judge to limit Trump鈥檚 ability to speak about 鈥渢he identity, testimony, or credibility of prospective witnesses鈥� and 鈥渟tatements about any party, witness, attorney, court personnel, or potential jurors that are disparaging and inflammatory, or intimidating.鈥�
Trump has already been ordered not to intimidate potential witnesses or talk to them about the facts of the case.
鈥淭he prosecution may not like President鈥檚 Trump鈥檚 entirely valid criticisms, but neither it nor this Court are the filter for what the public may hear,鈥� Trump鈥檚 attorneys wrote in the Monday night filing. 鈥淟et鈥檚 be clear: the prosecution hopes to create a contempt trap for President Trump and his attorneys.鈥�
Trump鈥檚 attorneys wrote in the filing that he has not intimidated anyone and that 鈥渋t is absurd to suggest the prosecution and the Court are 鈥榠ntimidated鈥� by critical social media posts.鈥�
Trump has used social media to take aim at special counsel Jack Smith and Chuktan. Prosecutors also cited his criticism of former Vice President Mike Pence and former Attorney General Bill Barr 鈥� both of whom could be called as witnesses in the trial next year.
Trump鈥檚 legal team also responded to prosecutors request for a court order that would block them from polling potential jurors for the case without the court鈥檚 approval first. Defense attorneys can poll residents who could make up the jury pool in their case with general questions around the issues of the case. Those findings can be used to argue for a change of venue.