A judge has been petitioned by the prosecutor overseeing the federal election meddling case involving Donald Trump, seeking a restraining order on Trump’s public commentary regarding the case.
In his filing, Special Counsel Jack Smith contends that the order, designed with precision, aims to forestall any witness harassment.
Mr Trump struck back online, blaming Smith’s team for misconduct, he wrote: ‘They won’t allow me to SPEAK?’
He has entered a plea of not guilty to the charge of conspiring to overturn the 2020 election.
District Court Judge Tanya Chutkan unsealed the request, which had been filed a week prior. This was part of a collection of older court documents from the case that were made public on Friday.
The prosecution argues that their proposed order, intentionally not labelled as a ‘gag order,’ represents a specifically outlined restriction vital to curbing disinformation, threats, and any attempts to influence the case unfairly.
If authorised, this would bar Mr. Trump from making statements concerning the identity, testimony, or credibility of potential witnesses and statements that are disparaging, incendiary, or intimidating with respect to any party, witness, attorney, court personnel, or potential jurors.
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It does not impose any limitations on Mr. Trump regarding the citation of public record court documents or his assertion of innocence.
If any constraints are placed on the former president’s First Amendment freedom of speech, especially while he pursues a 2024 presidential campaign, it could lead to a substantial constitutional legal battle.
Lawyers on behalf of Mr. Trump, in a letter sent last week to Judge Chutkan, claimed her bias against Mr. Trump and called for her removal from the case.
It’s currently unknown when she will make a ruling on either motion.
On Truth Social, Mr Trump’s social media platform, he wrote on Friday: ‘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?’
In remarks made shortly after, at a dinner organised by Concerned Women for America in Washington DC, he contended that prosecutors were aiming to undermine his ability to speak openly and without restraint.