Donald Trump’s legal team has been accused of submitting preposterous legal filings as they defend their stance on why the former president does not require a gag order ahead of his federal election trial, contends former federal prosecutor Joyce Vance, brushing off Trump’s attorneys’ arguments that the threats made to the judge and court staff overseeing the former president’s trial in New York are irrelevant to the need for a gag order in the case.
The trial is centered on Trump’s alleged criminal bid to overturn the 2020 election results where he has not pleaded guilty to four charges. He has denied any wrongdoing and has regarded the case as a politically motivated witch hunt to impede his 2024 presidential bid. Trump remains the early favorite for the GOP nomination. Newsweek made attempts to contact Trump’s legal team for comments on Saturday.
The Department of Justice submitted court filings and notified the D.C. Circuit Court of Appeals about documents filed in New York on Thanksgiving, highlighting the need for the reinstatement of a gag order against Trump in the civil trial. This was in response to the threats and harassment Judge Arthur Engoron and his law clerk Allison Greenfield had been receiving ever since Trump began attacking them on social media.
The former president and his lawyers have adamantly argued that any gag order on a presidential candidate violates his First Amendment rights. While the gag order in New York remains temporarily paused to consider constitutional arguments, the D.C. Circuit Court of Appeals is contemplating narrowing the gag order imposed on Trump by Judge Chutkan in the federal election case to prevent him from publicly attacking potential witnesses.
Federal prosecutors have utilized the arguments made in New York to support why the order against the former president should stay in the federal case. In response, Trump’s legal team accused the DOJ of making an “impermissible attempt to supplement the record on appeal with irrelevant information” to sustain the gag order.
At this point, the prosecution has not presented any evidence to justify the need for a prior restraint, according to Trump’s lawyers. Joyce Vance criticized the stance of Trump’s legal team and emphasized how the former president’s rhetoric has sparked actual threats and harassment against individuals. For instance, former Georgia election workers Ruby Freeman and Shaye Moss were targeted by Trump supporters over false claims of election fraud in the 2020 election.
Vance wrote on her blog that Trump’s response insinuating that he is not to blame for the actions of others is a futile attempt to evade accountability and that it is evident that his words continue to pose a danger to society.
The data in New York includes an affidavit from Charles Hollon, which transcribes over 270 pages of threatening messages and voicemails left for Engoron and his court staff since early October. These messages targeted Engoron and Greenfield and carried antisemitic slurs and harassment following the lifting of the gag order in New York. They expressed menacing and disparaging language, with some messages being antisemitic in nature, further evidence of the ongoing threats and harassment surrounding Trump.
