Trump prosecutor calls for partial gag order on ex-president

WASHINGTON — Federal prosecutors have asked a judge to restrict what Donald Trump is allowed to say about the criminal case against him over election interference, arguing that the former president’s public attacks on the prosecution risk prejudicing the pool of potential jurors in Washington and intimidating witnesses.

Special counsel Jack Smith’s office argued in a Friday court filing that Trump’s public statements “attacking the citizens of the District of Columbia, the Court, prosecutors, and prospective witnesses” threaten “to undermine the integrity of these proceedings.”

They’re specifically asking for an order from U.S. District Judge Tanya Chutkan that would cover any statements by Trump about the identity or credibility of prospective witnesses and any “disparaging and inflammatory, or intimidating” comments about anyone involved in the case and potential jurors.

Although judges have discretion to restrict what parties say in criminal cases to ensure a fair trial, those orders are supposed to be rare. Legal experts have said that any effort to limit Trump’s public commentary — often referred to as gag orders — would enter murky First Amendment territory given his status as a presidential candidate and surely trigger a fierce court fight. Trump spokesperson Steven Cheung released a statement accusing the Justice Department of “corruptly and cynically continuing to attempt to deprive President Trump of his First Amendment rights.”

Trump amplified those comments on his social media site Truth Social Friday.

“They Leak, Lie, &Sue, &they won’t allow me to SPEAK?,” Trump wrote in a post asking how else is he supposed to explain that Smith is “deranged” and President Joe Biden is “incompetent.”