East Bay Times

Trump lawyers assail request for gag order

- By Alan Feuer

Lawyers representi­ng former President Donald Trump against federal charges accusing him of seeking to overturn the 2020 election offered an outraged response on Monday to the government's request for a gag order, saying the attempt to “muzzle” him during his presidenti­al campaign violated his free speech rights.

In a 25-page filing, the lawyers sought to turn the tables on the government, accusing the prosecutor­s in the case of using “inflammato­ry rhetoric” themselves in a way that “violated long-standing rules of prosecutor­ial ethics.”

“Following these efforts to poison President Trump's defense, the prosecutio­n now asks the court to take the extraordin­ary step of stripping President Trump of his First Amendment freedoms during the most important months of his campaign against President Biden,” one of the lawyers, Gregory M. Singer, wrote. “The court should reject this transparen­t gamesmansh­ip.”

The papers, filed in U.S. District Court in Washington, came 10 days after prosecutor­s in the office of the special counsel, Jack Smith, asked Judge Tanya Chutkan, who is overseeing the election interferen­ce case, to impose a narrow gag order on Trump. The order, they said, was meant to curb Trump's “near-daily” barrage of threatenin­g social media posts and to limit the effect his statements might have on witnesses in the case and on the potential jury pool for the trial. It is scheduled to take place in Washington starting in March.

The lawyers' attempt to fight the request has set up a showdown that will ultimately have to be resolved by Chutkan, an Obama appointee who has herself experience­d the impact of Trump's menacing words.

One day after the former president wrote an online post in August saying, “IF YOU GO AFTER ME, I'M COMING AFTER YOU,” Chutkan received a voicemail message in her chambers from a woman who threatened to kill her. (The woman, Abigail Jo Shry, has since been arrested.)

Gag orders limiting what trial participan­ts can say outside court are not uncommon, especially to constrain pretrial publicity in high-profile cases. But the request to gag Trump as he solidifies his position as the front-runner for the Republican presidenti­al nomination has injected a current of political tension into what was already a fraught legal battle.

“Following these efforts to poison President Trump's defense, the prosecutio­n now asks the court to take the extraordin­ary step of stripping President Trump of his First Amendment freedoms during the most important months of his campaign against President Biden.”

— Gregory M. Singer, lawyer

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