Donald Trump’s legal team is fighting against a proposed gag order in the 2020 election interference case, arguing that it violates the former president’s First Amendment rights and is an attempt to silence his political opponent, President Joe Biden. In a filing responding to the gag order, Trump’s attorneys urged the court to reject the motion entirely, calling it a transparent tactic by the Biden administration.
The lawyers contend that neither prosecutors nor the court should have the authority to filter what the public can hear. They argue that the special counsel, Jack Smith, has failed to provide any evidence that Trump’s statements would intimidate anyone or incite lawlessness. Additionally, they claim that the proposed gag order would put Trump at risk of contempt whenever he speaks about individuals relevant to his political campaign.
Trump’s legal team also objects to being required to seek permission from the court before conducting pretrial public opinion polling on the case. They argue that any restrictions on such polling would further disadvantage the defense and interfere with their right to prepare for trial without prosecutorial interference.
The former president’s lawyers are requesting a hearing at the earliest opportunity to address these concerns. The special counsel’s office has not yet responded to these arguments.
The proposed gag order was filed by Jack Smith’s office, citing threats against individuals targeted by Trump in the case. Prosecutors pointed to a social media post made by Trump on his Truth Social platform, in which he stated, IF YOU GO AFTER ME, I’M COMING AFTER YOU! Smith’s team also highlighted that Trump has continued to make disparaging and inflammatory posts on Truth Social, targeting D.C. residents, prosecutors, prospective witnesses, and the court.
The case is scheduled to go to trial in March 2024.
