Special counsel seeks 'narrowly tailored' gag order against Trump

Former President Trump has been indicted on charges related to special counsel Jack Smith's probe into efforts to overturn the 2020 election.

"Like his previous public disinformation campaign regarding the 2020 presidential election, the defendant's recent extrajudicial statements are intended to undermine public confidence in an institution -- the judicial system -- and to undermine confidence in and intimidate individuals --the Court, the jury pool, witnesses, and prosecutors," the filing says.

But if implemented by Judge Chutkan, such an order would likely set off a high-stakes legal battle, with Trump -- who is currently the frontrunner for the 2024 Republican presidential primary -- expected to argue that his First Amendment rights are being violated. In their filing, the special counsel's office cites multiple public statements and Truth Social posts from Trump in the months since his indictment that they argue contain deliberate falsehoods intended by Trump to gin up the ire of his supporters.

They also point to a case from shortly after Trump's indictment in Washington in which a Texas woman was arrested for calling Chutkan's chambers and making racist death threats after it was revealed that Chutkan was assigned to Trump's case. "Multiple" other threats have been directed at Smith's office as well, they say, including threats to a specific prosecutor on his team singled out by Trump in past Truth Social posts.

"In fact, as the defendant well knows from the formal FBI FD-302 interview report and agent notes that he received in discovery on June 21, 2023, in the Southern District of Florida case, on March 31, 2023, the Special Counsel's Office prosecutor conducted a routine investigative interview of a career military official at that official's duty station -- the White House," they write.

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