President Trump’s lawyers said a gag order would imperil his right to free speech, noting that he is a 2024 presidential candidate.
Former President Donald Trump’s legal team said they oppose a request from the special counsel’s office to place a gag order in the federal election case against the former commander in chief.
On Monday, his attorneys made a 25-page filing (pdf) that argued President Trump’s criticism against special counsel Jack Smith, U.S. District Judge Tanya Chutkan, and others are covered under the Constitution’s First Amendment. His public comments, they contended, are not actual threats or incitement of attacks.
Earlier in September, Mr. Smith asked a federal judge in Washington to implement a “narrowly tailored” gag order that prevents the former president from making public comments on the case, with prosecutors arguing that such remarks could “present a serious and substantial danger of prejudicing” the case. They cited his criticism about Judge Chutkan, an Obama appointee, as well as possible witnesses such as Vice President Mike Pence.
But President Trump’s lawyers said they oppose the move by saying it would imperil his right to free speech, noting that he is a 2024 presidential candidate. Polls show that the former