US federal prosecutors are seeking an order that would prevent Donald Trump from making “inflammatory” and “intimidating” comments about witnesses, lawyers and others involved in the criminal case in which he is accused of plot to overturn the outcome of the 2020 presidential election.
Special prosecutor Jack Smith’s team argued in a motion filed Friday that such a “clear and well-defined” order was necessary to preserve the integrity of the investigation and avoid prejudice to potential jurors.
Prosecutors have worried for weeks about the potential repercussions of Mr. Trump’s verbal attacks. The request filed Friday, however, marks the first time that they have proposed formal action to curb this speech which, according to them, risks making judicial agents and witnesses fear being targeted.
The motion outlines what prosecutors say are a series of “false and inflammatory” statements about the case, as well as comments intended to intimidate or harass people the former president believes are potential witnesses against him.
“Since the grand jury returned an indictment in this case, the defendant has repeatedly and widely disseminated public statements attacking the citizens of the District of Columbia, the Court, prosecutors, and potential witnesses,” they wrote. prosecutors. By his statements, the accused threatens to undermine the integrity of these proceedings and to prejudice the composition of the jury. »
They argued that Mr. Trump’s rhetoric has already had an impact on justice, noting that jurors in the trial of a man convicted of participating in the Jan. 6, 2021, riots at the U.S. Capitol recently sent a note expressing concern that he might have information about their identity.
If the order is granted, Mr. Trump would be forced to significantly limit the type of comments he makes on the case, even as he seeks to turn his legal woes to his political advantage during his campaign to win back the White House in 2024.
The trial in Washington is one of four criminal cases in which Mr. Trump is currently charged.
Attack on freedom of expression
Mr. Trump’s lawyers oppose the request, saying that prosecutors “continue in a corrupt and cynical manner to attempt to deprive President Trump of his First Amendment rights”, which regulates freedom of expression.
“This is nothing short of blatant interference in the election campaign, as President Trump is the clear favorite in the race. The American people see through this unconstitutional charade and will re-elect President Trump to the White House,” the defense lawyers insisted.
Beyond the strict silence, prosecutors also sought an order that would prevent Mr. Trump’s team from contacting citizens of the District of Columbia to conduct polls, jury studies and focus groups without permission from the judge.
Efforts to weaken trust in the justice system, prosecutors wrote, reflect his attacks on the 2020 election, which he falsely claimed he won.
“The defendant is now attempting to do the same thing in this criminal case: undermine public confidence in the criminal justice system and prejudice the jury by launching derogatory and inflammatory attacks against the citizens of this district, the Court, the prosecutors and potential witnesses,” prosecutors argued.