Former President Donald Trump’s 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.
“The Proposed Gag Order is nothing more than an obvious attempt by the Biden Administration to unlawfully silence its most prominent political opponent,” Trump’s attorneys said in the response.
Trump is asking US District Judge Tanya Chutkan to deny the prosecutor’s request for a gag order entirely, requesting a hearing on the matter. Chutkan, an Obama appointee overseeing the criminal case in Washington, DC, hasn’t 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’s argument for a gag order pointed to false public statements Trump previously made around the 2020 election “to erode public faith in the administration of the election and intimidate individuals who refuted his lies.”
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’s public statements and posts on social media and specifically asked the judge to limit Trump’s ability to speak about “the identity, testimony, or credibility of prospective witnesses” and “statements about any party, witness, attorney, court personnel, or potential jurors that are disparaging and inflammatory, or intimidating.”
Trump has already been ordered not to intimidate potential witnesses or…
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