Federal prosecutors in the case charging Donald Trump with scheming to overturn the 2020 presidential election are seeking an order that would restrict the former president from “inflammatory” and “intimidating” comments about witnesses, lawyers and the judge.
Special counsel Jack Smith's team said in a motion filed Friday that such a “narrow, well-defined” order was necessary to preserve the integrity of the case and to avoid prejudicing potential jurors.
“Since the grand jury returned an indictment in this case, the defendant has repeatedly and widely disseminated public statements attacking the citizens of the District of Columbia, the Court, prosecutors, and prospective witnesses,” prosecutors wrote. “Through his statements, the defendant threatens to undermine the integrity of these proceedings and prejudice the jury pool.”
They said Trump's efforts to weaken faith in the court system and the administration of justice mirror his attacks on the 2020 election, which he falsely claimed that he had won.
“The defendant is now attempting to do the same thing in this criminal case — to undermine confidence in the criminal justice system and prejudice the jury pool through disparaging and inflammatory attacks on the citizens of this District, the Court, prosecutors, and prospective witnesses,” they wrote.
Among the statements cited by prosecutors in their motion is a post on his Truth Social platform days after the indictment in which Trump wrote, in all capital letters, “If you go after me, I'm coming after you!” He has also repeatedly alleged on social media that the case against him is “rigged” and that he cannot receive a fair trial. And he has attacked in personal terms the prosecutors bringing the case — calling Smith “deranged” and his team “thugs” — as well as the judge presiding over the case, Tanya Chutkan.
A Trump spokesperson said in a statement that prosecutors were "corruptly and cynically continuing to attempt to deprive President Trump of his First Amendment rights."
“This is nothing more than blatant election interference because President Trump is by far the leading candidate in this race. The American people — the voters — see right through this un-Constitutional charade and will send President Trump back to the White House,” the spokesperson said.
The issue surfaced last week with the disclosure by the Justice Department that it sought to file a motion related to “daily” public statements by Trump that it said it feared would taint the jury pool. Chutkan on Friday granted permission to prosecutors to file a redacted motion publicly, with names and identifying information of individuals who say they've been harassed as a result of Trump's attacks blacked out.
Also Friday, Smith's team pushed back against the Trump team request to have Chutkan recuse herself from the case. Defense lawyers had cited prior comments from Chutkan that they say cast doubt on her ability to be fair, but prosecutors responded that there was no valid basis for her to step aside.
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