Special counsel Jack Smith accused former President Donald Trump of engaging in a “public disinformation campaign regarding the 2020 presidential election,” and is seeking a “narrow, well-defined restriction” on what he can say.
Mr. Smith is requesting Judge Tanya Chutkan to issue a “narrowly tailored” order to limit what public statements President Trump is allowed to make, and to review any pre-trial surveys, polls, focus groups, or other similar studies conducted by either side.
Mr. Smith is prosecuting a case against President Trump for challenging the 2020 presidential election, arguing that he went too far and “defrauded” citizens in his bid to delay the electoral vote certification. President Trump was charged with four counts of conspiracy and obstruction and pleaded not guilty.
In the new request, Mr. Smith is arguing President Trump’s comments may be influencing potential jury members in his favor and should be stopped.
Truth Social Posts
The proposal cites at least 10 of President Trump’s Truth Social posts, including several where he commented on news events such as remarks former Vice President Mike Pence made, how former New York City Mayor Rudy Giuliani, a co-defendant of his in a state criminal case in Georgia, was booked in Fulton County, Georgia, and a media interview clip of former Attorney General Bill Barr.The prosecution notes that these people may be potential witnesses, and these posts are an attempt to bolster or attack them, and influence a jury’s opinion before they take the stand.
It also includes posts President Trump made about Mr. Smith and Judge Chutkan, such as one stating “Deranged Jack Smith is going before his number one draft pick, the Judge of his ‘dreams’ (WHO MUST BE RECUSED), in an attempt to take away my FIRST AMENDMENT RIGHTS.”
The prosecutors allege that “the defendant has spread knowingly false accusations of misconduct against a prosecutor in the Special Counsel’s Office,” and that these are posts attacking, undermining, and attempting to intimidate prosecutors.
‘Public Attacks’
The special counsel’s request for a protective order restricting what President Trump can say began after President Trump made an Aug. 4 post on Truth Social: “If you go after me, I’m coming after you!” After the post, he shared campaign videos that targeted those prosecuting cases him, including Mr. Smith.“He has made good on his threat,” the filing reads. “Since the indictment in this case, the defendant has spread disparaging and inflammatory public posts on Truth Social on a near-daily basis.”
They argue the “public attacks” are an attempt to prejudice potential jurors “against the Government in advance of trial,” referencing a post where President Trump said Mr. Smith’s office was a “team of thugs.”
They add that President Trump is making these posts because he knows he cannot say these things in court.
“Through such posts, the defendant is attempting to submit his false and inflammatory claims to the public and jury pool outside of court, because he knows that any such claims made before the Court in the form of motions to suppress or of vindictive prosecution will fail because they must be supported by evidence—of which there is none,” they wrote.
The prosecution is also alleging that President Trump’s posts “have already influenced the public.”
Protective Order
Mr. Smith’s office already previously requested a protective order that would restrict what President Trump can say about the case, as well as what information he could access.President Trump is currently campaigning to run for reelection in 2024, and speaks publicly often at events and media appearances, in addition to his social media posts.
The former president’s attorneys declined to comment.
