Justice Department prosecutors want US District Judge Tanya Chutkan to reel in Donald Trump鈥檚 public statements in the federal 2020 election interference case against him, asking her to place a court order limiting what he can say, according to a newly released filing.
The request for a limited gag order, filed in recent days, represents the most direct response from prosecutors with special counsel Jack Smith鈥檚 office to the former president鈥檚 public statements to date. The Justice Department said the order is needed to protect the integrity of his trial in March. Trump has already been ordered not to intimidate potential witnesses or talk to them about the facts of the case.
In making their argument, prosecutors pointed to false public statements Trump previously made around the 2020 vote 鈥渢o erode public faith in the administration of the election and intimidate individuals who refuted his lies.鈥�
鈥淭he defendant is now attempting to do the same thing in this criminal case 鈥� 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,鈥� prosecutors wrote in their filing.
Trump blasted the special counsel鈥檚 motion in a Truth Social post Friday, calling Smith 鈥渄eranged鈥� and claiming that it was a move to silence the leading candidate challenging President Joe Biden in the 2024 election.
Chutkan, an Obama appointee overseeing the criminal case in Washington, DC, hasn鈥檛 yet made a decision on the request.
The prosecutors specifically asked for a court order limiting Trump鈥檚 ability to speak about 鈥渢he identity, testimony, or credibility of prospective witnesses鈥� and 鈥渟tatements about any party, witness, attorney, court personnel, or potential jurors that are disparaging and inflammatory, or intimidating.鈥�
In the filing, federal prosecutors cited Trump鈥檚 recent criticism of former Vice President Mike Pence and Bill Barr 鈥� the former attorney general under Trump 鈥� both of whom could be called as witnesses in the trial next year.
Prosecutors also noted Trump鈥檚 previous social media posts against Chutkan, calling her a 鈥淭rump-hating judge.鈥� Trump, they noted, has called the special counsel prosecutors a 鈥渢eam of thugs鈥� and has attacked Smith as 鈥渄eranged.鈥�
鈥淭he defendant鈥檚 relentless public posts marshalling anger and mistrust in the justice system, the Court, and prosecutors have already influenced the public,鈥� prosecutors wrote. 鈥淔or instance, on August 5, 2023, an individual was arrested because she called the Court鈥檚 chambers and made racist death threats to the Court that were tied to the Court鈥檚 role in presiding over the defendant鈥檚 case.鈥�
Prosecutors argued Trump 鈥渒nows that when he publicly attacks individuals and institutions, he inspires others to perpetrate threats and harassment against his targets.鈥�
The prosecutors said they do not want to block Trump from being able to quote or reference the court record or to proclaim his innocence.
They are also seeking a court order that would block Trump鈥檚 lawyers from polling potential jurors for the case without the court鈥檚 approval first. Defence attorneys can poll residents who could make up the jury pool in their case with general questions around the issues of the case. Those findings can be used to argue for a change of venue.
鈥淐onsistent with its obligations to guard the integrity of these proceedings and prevent prejudice to the jury pool, while respecting the defendant鈥檚 First Amendment rights, the Court should enter the proposed orders imposing certain narrow restrictions on the parties鈥� public statements regarding this case and governing any jury studies the parties may undertake,鈥� the prosecutors wrote to the judge.
The federal election interference investigation is one of four criminal cases against the former president. Trump is facing four charges in this case, including obstruction of an official proceeding and conspiracy to defraud the United States.
Earlier this week, Trump鈥檚 legal team asked Chutkan to recuse herself, citing comments that she made in cases involving January 6, 2021, rioters.
Chutkan has long been outspoken about the riot at the Capitol 鈥� calling the violence an assault on American democracy and warning of future danger from political violence. But Smith鈥檚 team argued in a filing Thursday night, that Trump had taken the judge鈥檚 comments 鈥渙ut of context.鈥�
