'Threats of violence': DC judge to consider Jack Smith’s Trump gag order request

16 October 2023

Special counsel Jack Smith has requested a partial gag order in his 2020 election case against former President Donald Trump, whose defenders have accused the federal prosecutor of trying to step on Trump's 1st Amendment rights. Smith's position, however, is that 1st Amendment doesn't give Trump a right to bully or intimidate witnesses or court officials.

In a hearing on Monday, October 16 in Washington, D.C., the judge assigned to the case — Barack Obama appointee Tanya Chutkan — will consider and examine Smith's request.

Politico's Kyle Cheney explains, "If Chutkan agrees that Trump's penchant for public invective should be restrained, it will be his first brush with court-ordered consequences in a criminal case — consequences that, at least in theory, could be backed by the threat of jail time. And a gag order would immediately raise two questions that could define his bid to retake the White House: Is Trump capable of abiding by a court-ordered restriction on his speech? And what is Chutkan prepared to do if he isn't?"

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Smith, Cheney notes, has "argued…. (that) Trump's statements may intimidate witnesses, stoke threats of violence and taint the D.C. jury pool as Trump's March 4 trial approaches, Smith argued in court papers."

"Chutkan, for her part, has already warned the former president about his out-of-court comments," Cheney reports. "She notified Trump, in August, that his incendiary commentary related to the trial might lead her to expedite his case to avoid sustained efforts to prejudice the jury pool. Prosecutors say Trump has nevertheless used his Truth Social platform to attack known witnesses against him, including, most recently, his suggestion that Mark Milley, the former chairman of the Joint Chiefs of Staff, might deserve to be put to death."

Read Politico's full report at this link.

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