


Former President Donald Trump's lawyers on Monday called a proposed gag order request by special counsel Jack Smith unconstitutional, saying it would effectively censor a candidate vying for the 2024 presidential bid.
“The Proposed Gag Order is nothing more than an obvious attempt by the Biden Administration to unlawfully silence its most prominent political opponent,” Trump’s attorneys said in the federal 2020 election interference case.
BIDEN ADMINISTRATION CHARGED WITH NEW 'SUE AND SETTLE' END-AROUND OF CONGRESS
Trump wants U.S. District Judge Tanya Chutkan to deny the request by Smith's team for a gag order entirely, saying that his online posts on his Truth Social platform, among other public statements, are "entirely valid criticisms." His lawyers also say they want a hearing on the matter as well.
“The prosecution may not like President’s Trump’s entirely valid criticisms, but neither it nor this Court are the filter for what the public may hear,” Trump’s attorneys wrote in the Monday night filing. “Let’s be clear: the prosecution hopes to create a contempt trap for President Trump and his attorneys.”
Chutkan, an appointee of former President Barack Obama who has notably handed some of the harshest sentences to defendants of the Jan. 6 riot, has yet to decide on Smith's request.
Smith's team has said a limited gag order should be applied to the case to protect the integrity of an eventual trial, which is presently set for March 4, the day before Super Tuesday.
Prosecutors further state that Trump must rein in his public statements and posts on social media and specifically ask Chutkan to limit Trump's ability to speak about "the identity, testimony, or credibility of prospective witnesses” and “statements about any party, witness, attorney, court personnel, or potential jurors that are disparaging and inflammatory, or intimidating.”
Chutkan has already imposed some limits on Trump, including an order not to intimidate potential witnesses or speak to them about the facts of the case.
Trump's attorneys argued in the Monday night filing that he has not intimidated anyone and that "it is absurd to suggest the prosecution and the Court are ‘intimidated’ by critical social media posts.”
Some figures that are the subject of Trump's social media criticism include Smith and Chutkan. Smith's team has also pointed to posts and comments invoking former Vice President Mike Pence and former Attorney General Bill Barr, who very likely could be called as a witness at an eventual trial.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
Trump pleaded not guilty to four charges accusing him of efforts to subvert the 2020 election in August.
He is also under three other indictments, facing a total of 91 charges, and has pleaded not guilty in those cases as well.