Special Counsel Jack Smith asked U.S. District Judge Tanya S. Chutkan to issue a gag order against former President Donald Trump, which would limit his ability to publicly talk about the federal case against him stemming from the January 6, 2021 Capitol protest.
Federal prosecutors argued Trump’s out of court statements about the case “ threatens to undermine the integrity of these proceedings and prejudice the jury pool.”
“The defendant has an established practice of issuing inflammatory public statements targeted at individuals or institutions that present an obstacle or challenge to him,” prosecutors argued.
Chutkan unsealed a redacted copy of the filing on Friday.
Federal prosecutors cited one Trump post from early august that read, “IF YOU GO AFTER ME, I’M COMING AFTER YOU!”
Prosectors said that statement “made clear his intent to issue public attacks related to this case when, the day after his arraignment, he posted a threatening message on Truth Social.”
Trump campaign spokesperson Steven Cheung accused President Joe Biden of “corruptly and cynically continuing to attempt to deprive President Trump of his First Amendment rights” in a statement to NBC News.
Cheung called the gag order “nothing more than blatant election interference because President Trump is by far the leading candidate in this race.”
Trump also reacted to the requesting gag order, calling Smith “DERANGED” in a post on Truth Social.
Trump wrote:
Biden Prosecutor, Deranged Jack Smith, has asked the Court to limit 45th President, and leading Republican Nominee (by more than 50 points, & beating Dems!) DONALD J. TRUMP’S, PUBLIC STATEMENTS. 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? How else would I explain that Jack Smith is DERANGED, or Crooked Joe is INCOMPETENT?
On Monday, Trump’s attorneys filed a motion for Chutkan to recuse herself, citing “inherently disqualifying” statements she has made about the former president while handing out harsh sentences for other January 6 defendants.
Jordan Dixon-Hamilton is a reporter for Breitbart News. Write to him at