Special Counsel Jack Smith has asked a judge to revive a partial gag order in the federal election interference case against Donald Trump — citing the former president’s social media posts about former White House chief of staff Mark Meadows.
Smith’s team argued in a filing late Wednesday that Trump, 77, took advantage of the delay in the gag order “to send a clear message to prospective witnesses in this case … with the knowledge that it will get to him.”
Trump on Tuesday targeted his former ally in a tirade on Truth Social after it was reported that Meadows had cut a deal with prosecutors that granted him immunity in exchange for his testimony in the case.
“Some people will make that deal, but they are weak and cowardly, and so bad for the future of our Failed Nation. I don’t think Mark Meadows is one of them, but who really knows?” Trump wrote.
Washington DC federal court judge Tanya Chutkan suspended the gag order she imposed in the case last Monday after Trump’s legal team appealed.
The order would prevent Trump from attacking prosecutors, court staff or their families — or discussing possible witnesses or testimony in the case.
Donald Trump lashed out at the former White House chief of staff following reports that he cut an immunity deal.Getty Images
But Trump has seized the opening while the appeal is underway, prosecutors allege.
Earlier this week, he lashed out at Anthony Pratt, an Australian billionaire and possible witness in a separate classified documents case, branding him a “red-haired freak,” and also lashed out at Smith, calling him “crazy.”
The former president’s accusations against Meadows came after ABC reported on Tuesday that the former chief of staff told prosecutors he had informed Trump that his allegations of widespread fraud in the 2020 election were baseless.
Meadows was granted immunity for her testimony, according to the report.
Prosecutors did not confirm or deny ABC’s story in their Wednesday filing.
Mark Meadows has a great behind-the-scenes look at Donald Trump’s machinations around the 2020 election. AFP via Getty Images
The 32-page filing from Smith’s team cites half a dozen Truth Social posts from Trump, including the one about Meadows.
“I don’t think Mark Meadows would lie about a Rigged and Stollen 2020 Presidential Election simply because he got IMMUNITY from Prosecution (PENSECUTION!) by Deranged Prosecutor Jack Smith,” Trump wrote on Truth Social.
“BUT, when you really think about it, after being hunted like a dog for three years, told you will be in jail for the rest of your life, your money and your family will be gone forever, and we are not at all interested in exposing those who do RIGGING, ” added Trump.
Prosecutors also flagged a post in which Trump thought the government was trying to “silence me” and make it “impossible for me to criticize those who did the silencing, namely Crooked Joe Biden, and his corrupt and armed DOJ & FBI.”
“It is instructive to examine the scope of the Order based on what the defendant allegedly had to say to defend himself and run for office,” Smith’s team wrote before referencing the Truth Social post.
“The order, however, gives him complete freedom to do just that. He can criticize the incumbent president and the Justice Department. Indeed, he freely did so while the Order was in force.”
Judge Tanya Chutkan claimed that she had been subjected to racist and violent threats. AP
Trump’s legal team is mounting a First Amendment challenge to the partial gag order, arguing it undercuts his campaign for the 2024 Republican presidential nomination.
“The allegations here are of great public concern and a major issue in the upcoming election,” Trump’s lawyer wrote last week.
“Thus, President Trump’s opinions about impeachment, the government officials who pursued him, and the witnesses against him are all core political statements that deserve the highest level of respect.”
The former president also has support from the American Civil Liberties Union, which filed in support of his effort to overturn the partial gag order.
Prosecutors insisted that the order was “narrowly tailored” and asserted that without it, “Trump’s targeted insults like this could pose real dangers.”
“What the defendant is fighting for here, however, is the right to go beyond such measures so that he can continue to use offensive and inflammatory language that will not be included in court filings, such as ‘fraud,’ ‘hacking,’ ‘ and ‘ thugs,’” they wrote.
Jack Smith is leading two Justice Department cases against Donald Trump for allegedly hiding confidential and subversive documents about the 2020 election.AP
The case of the 2020 election is not the only case where Trump’s mouth has gotten him into trouble.
On Wednesday, during an appearance in a $250 million civil fraud case, Manhattan Supreme Court Justice Arthur Engoron ordered Trump to pay $10,000 for violating a partial oral order by allegedly publicly disparaging court staff during his appearance.
“This judge is a very partisan judge with very partisan people sitting next to him?'” Trump said to TV cameras outside the courtroom.
Engoron then called Trump to the stand and asked him who he was referring to.
Trump replied that he was talking about his former lawyer and the designation of Michael Cohen who testified that day.
But the judge didn’t believe Trump and slapped him with a fine.
Donald Trump has appeared in Manhattan court repeatedly this month to deal with the civil fraud case against him.Steven Hirsch for the NYPost
The Post reached out to Trump’s legal team for comment on the latest filing from Smith’s team.
Trump pleaded not guilty to all four charges in the case on August 3.
The trial is set for March 4, 2024, just one day before the Super Tuesday presidential primary.
Trump’s team unsuccessfully tried to move the start date back
Donald Trump insists he did nothing wrong. He is the first former or current president to be charged with a crime.Matthew McDermott
The 2024 GOP front-runner also faces a 34-count indictment from Manhattan for allegedly concealing hush money, a 40-count indictment from Smith for allegedly hiding a tranche of national security documents, and 13 counts for alleged election subversion in Georgia.
Trump has vehemently denied wrongdoing in all pending cases against him and called his growing legal woes a “witch hunt” and election meddling.
His attorney is expected to respond to Smith’s team in the filing.
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Source: thtrangdai.edu.vn/en/
