Federal prosecutors filed a new filing in their quest to impose a gag order on former President Donald Trump, citing his attacks on General Mark Milley and Judge Tanya Chutkan.
Special counsel Jack Smith filed his case for a limited silence order on Friday, arguing that Trump has stepped up inflammatory and harassing comments since he initially sought the order two weeks ago.
Lawyers for the ex-president have demanded that the judge reject the silence order, calling it election interference and censorship.
In Friday’s motion, prosecutors rejected these claims and argued that Team Trump’s opposition to the silence order is based on flawed premises and that the order is necessary and appropriate.
“Defendant’s opposition to this is based on several erroneous premises: that the defendant need not face even the most limited imposition to protect the public interest in the proper administration of justice,” they wrote in the filing.
In Friday’s motion, prosecutors reiterated their demands for a silence order against Donald Trump, citing threats against the witness and the judge in the case.
In their filing, prosecutors cited examples of Trump questioning Judge Tanya Chutkan and death threats against Gen. Mark Milley
‘That the legal standard for imposing reasonable restrictions on extrajudicial statements in a criminal case is higher than is actually the case; that the suspect’s statements to date have not been intimidating or harmful; and that the proposed order would impose sweeping restrictions that it clearly would not do. In fact, the proposed decision comfortably meets the relevant legal standard set out below.”
The motion cites several examples of Trump’s attacks in social media posts and interviews.
They allege that Trump has made attacks on Judge Tanya Chutkan’s ability to do her job, as well as on the special counsel herself.
“On September 5, shortly before the government filed its motion, the defendant posted an article on the social media platform Truth Social, on which the defendant has more than six million followers, making claims about the court with the sarcastic caption: “Oh, I I’m sure she’ll be very honest,” and an article circulating a false allegation against a prosecutor in the Special Counsel’s Office with the caption, “Really corrupt!”, the filing quotes.
Prosecutors cite examples of Trump’s attacks on witnesses and claim his continued attacks will make it impossible to get a fair trial.
In the filing, they write: “The defendant published two messages attacking the former Vice President, a witness named in the indictment, regarding this case, saying he had told the Vice President ‘stories about me fabricate, which are absolutely false’. ,”’ and that the witness had gone to the ‘Dark Side’.
Prosecutors cited an NBC’s Meet the Press interview in which Trump attacked Georgia’s foreign minister and former attorney general
They argue that a gag order is necessary because Trump’s comments have become violent and could be considered witness tampering.
“On September 22, the defendant falsely claimed on Truth Social that the outgoing Chairman of the Joint Chiefs of Staff, a witness named in the indictment, had committed treason and suggested he should be executed,” the filing states.
“Defendant’s baseless attacks on the Court and two individual prosecutors may not only expose them to threats, but may also cause potential jurors to develop beliefs about the propriety of the prosecution, an inappropriate consideration for a juror prior to trial .’
During a trip to South Carolina, Trump claimed to have purchased the gun he is holding, but later clarified that he had not purchased it but that he wanted it.
Prosecutors also noted earlier this week in South Carolina that Trump posted himself holding a Glock pistol that he claimed to have purchased, but later deleted that post. A Trump spokesperson clarified that Trump did not buy it, but that he wanted it.
They said this is an example of Trump trying to profit from seditious actions but then dodging responsibility.
“The suspect either purchased a gun in violation of the law and his conditions of release or is attempting to capitalize on his supporters’ misconception that he did so,” prosecutors said.
Trump lawyers denounced the gag order request earlier this week, saying it was election interference and “a clear attempt by Biden to silence a political opponent.”
“The only thing that would limit this is the defendant’s use of his candidacy as a cover for making prejudicial public statements about this case – and there is no legitimate need for the defendant to attack known witnesses in the course of his campaign regarding the content. of their anticipated testimony or otherwise engage in materially adverse commentary in violation of the proposed order,” they wrote.
The case is currently scheduled to go to trial in federal court in Washington on March 4, 2024.
Chutkan ruled against the Trump team on Wednesday when she refused a defense request to set aside the case. Chutkan said there was no reason for her to refuse.