In a recent development, the office of Special Counsel Jack Smith has urged a federal judge to uphold the gag order issued against former President Donald Trump in relation to his 2020 election case.
The prosecutors argue that the order is crucial to ensure a trial that is free from "harassment, intimidation, and threats."
Last week, District Court Judge Tanya Chutkan had temporarily suspended the gag order, which prohibited Trump from making public statements that could potentially target Smith, his staff, court staff, witnesses, or the substance of their testimony. This pause was put in place while the judge considered Trump's request for a more extended stay on the order, pending an appeal.
In a detailed 32-page court filing on Wednesday night, the prosecutors requested Judge Chutkan to keep the order in place. They alleged that without the court's intervention, Trump would "continue to threaten the integrity of these proceedings and put trial participants at risk."
The prosecutors further argued that Trump is fully aware of the impact of his targeting and seeks to use it strategically to his advantage, while simultaneously denying any responsibility for the consequences of his actions.
According to the prosecutors, Trump, the individuals he targets, and his "over 100 million followers" comprehend the intent behind his speech. They claimed that Trump's targeting poses a "significant and immediate risk" of intimidating or influencing witnesses and making "attorneys, public servants, and other court staff" the targets of threats and harassment.
The prosecutors cited Trump's "repeated violations of a similar order in New York" as evidence of his potential non-compliance. They also referred to posts made by Trump after Judge Chutkan temporarily suspended the order. One such post included a comment about former White House Chief of Staff Mark Meadows and his potential testimony in the case.
"Some people would make that deal, but they are weaklings and cowards, and so bad for the future our Failing Nation," Trump posted on Truth Social Tuesday. "I don't think that Mark Meadows is one of them, but who really knows?"
The prosecutors argued that Trump "capitalized on the Courts administrative stay to, among other prejudicial conduct, send an unmistakable and threatening message to a foreseeable witness in this case."
Meanwhile, the American Civil Liberties Union has supported Trump in his battle against the gag order. In an amicus brief filed with the court on Wednesday, they argued that the order is "unconstitutionally vague" and could potentially encompass speech relevant to Trump's 2024 presidential campaign.
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