Former President Donald Trump's lawyers on Monday called a proposed gag order request by special counsel Jack Smith unconstitutional, saying it would effectively censor a candidate vying for the 2024 presidential bid.
“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 federal 2020 election interference case.Trump wants U.S. District Judge Tanya Chutkan to deny the request by Smith's team for a gag order entirely, saying that his online posts on his Truth Social platform, among other public statements, are"entirely valid criticisms.
Chutkan, an appointee of former President Barack Obama who has notably handed some of the harshest sentences to defendants of the Jan. 6 riot, has yet to decide on Smith's request. Prosecutors further state that Trump must rein in his public statements and posts on social media and specifically ask Chutkan 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's attorneys argued in the Monday night filing that he has not intimidated anyone and that"it is absurd to suggest the prosecution and the Court are ‘intimidated’ by critical social media posts.”
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