In the federal election meddling case against former President Donald Trump, Special Counsel Jack Smith has requested a gag order from a judge. This order aims to limit Trump’s public comments on the case to prevent witness harassment. Trump, who has pleaded not guilty to conspiracy in overturning the 2020 election, responded online, accusing Smith’s team of misconduct and questioning his freedom of speech. The proposed order, referred to as a “narrow, well-defined restriction” by prosecutors, seeks to prevent disinformation, threats, and prejudicing the case. It would prohibit Trump from making statements about witnesses, parties, attorneys, court personnel, or potential jurors that are disparaging, inflammatory, or intimidating. However, it doesn’t restrict him from quoting public court documents or proclaiming his innocence.
If such restrictions are imposed on Trump’s First Amendment rights, it could lead to a significant constitutional challenge, especially as he runs for president in 2024. Last week, Trump’s lawyers accused Judge Tanya Chutkan of bias and asked her to step aside from the case, although it’s uncertain when she will rule on these motions.
Trump voiced his frustration on his social media platform, Truth Social, and during a speech in Washington DC, claiming that the Department of Justice (DOJ) and FBI were weaponized against him. He characterized attempts to limit his speech as an attack on his supporters and vowed to continue speaking out.
The filing cites specific statements and online posts by Trump, as well as individuals who allegedly faced intimidation after Trump criticized them. One instance involves Trump calling Judge Chutkan “a fraud dressed up as a judge” and “a radical Obama hack,” which prosecutors argue led to racist death threats against her. The filing also mentions attacks on a Georgia election worker and a former cybersecurity aide, resulting in harassment by Trump’s supporters.
In a separate development, it was revealed that Twitter had secretly provided 32 direct messages from Trump’s account to Special Counsel Smith’s team, though the contents of these messages remain undisclosed.
Trump faces multiple legal challenges, including four criminal indictments, with this federal investigation focusing on efforts to overturn the 2020 election.
