Washington — Special counsel Jack Smith has requested the federal judge handling the case against Donald Trump for his alleged attempts to overturn the 2020 election to impose restrictions on what the former president can publicly say about the case. Smith accuses Trump of making “inflammatory public statements” that aim to influence potential jurors and intimidate witnesses.
In a 24-page filing on Friday, Smith and his team of prosecutors outline a series of posts made by Trump on his Truth Social platform since his indictment in August. They argue that the former president has been consistently spreading disparaging and inflammatory content about the citizens of the District of Columbia, the Court, prosecutors, and prospective witnesses. They also claim that Trump is aware that his posts inspire others to threaten and harass his targets.
The government lawyers are urging Judge Tanya Chutkan to implement a “narrowly tailored” order that would prevent Trump from making extrajudicial statements that could seriously prejudice the case. Prosecutors state that Trump’s repeated posts claiming he cannot receive a fair trial from the Court or a jury in the District substantially undermine confidence in the justice system, potentially affect the jury pool, and prejudice the due administration of justice. They argue that his misleading statements about the Special Counsel’s Office and its investigation serve the same purpose. Furthermore, they allege that his targeting of specific witnesses aims to influence public opinion before trial begins.
The government’s proposed order would restrict statements regarding the identity, testimony, or credibility of prospective witnesses and any disparaging, inflammatory, or intimidating statements about parties, witnesses, attorneys, court personnel, or potential jurors.
The filing clarifies that the order is not intended to prohibit quoting or referencing public court records of the case or Trump’s proclamations of innocence.
The government lawyers argue that Trump has a history of issuing inflammatory public statements targeting individuals or institutions that pose challenges to him. They highlight that after the 2020 election, his focus was on the election system and election officials responsible for implementing fair elections. According to the government, those named by Trump in his tweets received threats and harassment as a result.
As proof, the filing references the testimony of former Philadelphia City Commissioner Al Schmidt before the Jan. 6 House select committee in June 2022. Schmidt reported that threats became more specific and graphic towards him and his family after Trump’s tweet mentioning him by name.
In response, the Trump campaign issued a statement accusing the DOJ of attempting to violate President Trump’s First Amendment rights and engaging in election interference. They argue that the American people see through this unconstitutional action and will support Trump’s return to the White House.
In a post on Truth Social, Trump expressed frustration with the special counsel’s request and criticized Jack Smith and “Crooked Joe.”
Trump has been indicted by a federal grand jury on four charges related to his alleged attempts to reverse the 2020 election results. He has pleaded not guilty.
Kathryn Watson contributed to this report.
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