On Friday afternoon, U.S. District Court Judge Tanya Chutkan unsealed filings revealing the government’s week-old request.
Special counsel Jack Smith is asking a judge to issue a gag order against Donald Trump, prohibiting him from attacking prosecutors, the judge or potential witnesses who may testify in his federal criminal trial stemming from his effort to subvert the 2020 election.
“The defendant’s past conduct, including conduct that has taken place after and as a direct result of the indictment in this case, amply demonstrates the need for this order,” prosecutors wrote, adding that Trump’s past salvos had already resulted in harassment of potential witnesses.
On Friday afternoon, U.S. District Court Judge Tanya Chutkan unsealed filings revealing the government’s week-old request, arguing that Trump is undermining the fairness of the proceedings through “disparaging and inflammatory attacks” on prosecutors, witnesses and the judge in the case.
Given Trump’s penchant for bombastic public statements and for using his social media accounts to settle political scores, a clash like the one now playing out in front of Chutkan has seemed inevitable, particularly as the number of criminal cases Trump faces has risen to four.
Trump lashed out on his social media network Truth Social soon after news of the request broke, writing: “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 any gag order limits a defendant’s First Amendment rights, Trump’s situation is unique as he is mounting a campaign to return to the White House and is intent on using the criminal cases as part of his effort to energize his political base.
But in their new request, prosecutors say Trump’s posts amount to more than a mere breach of decorum because his public vitriol has a history of unleashing harassment by Trump followers. The prosecution specifically cited Trump’s attacks on his former cybersecurity aide Chris Krebs, Georgia election worker Ruby Freeman and former Georgia Lt. Gov. Geoff Duncan as examples of figures who faced threats as a result of being singled out by the former president on social media.
Earlier Friday, a federal appeals court also unsealed records showing that the same team of prosecutors had fought in court to block Twitter from telling Trump about a pending search warrant — worrying that informing him could “precipitate violence” or enable him to attack and intimidate witnesses.
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Jack Smith seeks gag order on Trump https://t.co/VWYqfpZNd8
— POLITICO (@politico) September 15, 2023
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