Lawyers representing Donald Trump have opposed a request from the U.S. Justice Department to restrict the former president’s public statements regarding the 2020 election case. They argue that this request violates Trump’s First Amendment rights. The legal team, representing the former president and current presidential candidate, submitted a filing in response to the request, urging the court to only limit the release of “genuinely sensitive materials” related to the election case. They emphasized that it is ironic for the government to seek to restrict First Amendment rights in a trial about those very rights.
Special counsel Jack Smith, who recently brought four charges against Trump, requested a court order to protect sensitive and confidential material from being published by the former president, potentially influencing the outcome of the trial. Smith’s request highlighted Trump’s past history of posting about judges, witnesses, and legal matters related to his case. It included a photo of a recent statement from Trump on the social media site Truth Social, where he threatened retaliation against those who go after him. Smith argued that if Trump were to publicly disclose details or grand jury transcripts, it would have a harmful chilling effect on witnesses and impede the fair administration of justice in the case.
In addition to the charges related to the Capitol Riot on January 6, 2021, Smith is prosecuting Trump for alleged mishandling of classified documents. Trump has pleaded not guilty to all charges. Trump’s lawyer, John Lauro, defended the former president, stating that his actions were merely aspirational asks and protected by free speech. Pence, who is also vying for the Republican nomination in the 2024 presidential election, criticized Trump’s attempts to overturn the 2020 election. Lauro argued that having a protective order in place would deny Americans access to non-sensitive information about the case and hinder the press from obtaining relevant material for the proceedings.
Despite Trump’s legal team’s request to extend the deadline, Judge Tanya Chutkan, known for her tough stance on those involved in the Capitol buildings’ storming, denied the request. Trump remains the leading contender for the Republican nomination in the 2024 general election.
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