Donald Trump does not have "an unfettered right to try his [2020 election] case in the media," Special Counsel Jack Smith's office declared on Tuesday in defending a gag order issued against the former president, the Daily Caller reported.
Prosecutors explained in a 67-page filing that district courts have "an affirmative duty" to prevent those taking part in a trial from making statements that are likely to "prejudice" the proceedings.
They emphasized that "there has never been a criminal case in which a court has granted a defendant an unfettered right to try his case in the media, malign the prosecutor and his family, and — after threatening witnesses and others … target specific witnesses with attacks on their character and credibility, calling one a 'weakling' and a 'coward' and suggesting that another's actions warrant the 'punishment' of 'DEATH!' "
Prosecutors also argued that the gag order permits Trump the freedom to do what he needs to in order to "run for office while defending himself in court," explaining that "the distinctions it draws between criticizing the policies of a political rival or describing the prosecution as politically motivated, on the one hand, and targeting trial participants or their expected trial testimony, on the other, is readily comprehensible."
Prosecutors issued the filing in response to a written declaration from Trump's lawyers last week that District Judge Tanya Chutkan "lacks the authority to muzzle" the former president's speech in violation of his First Amendment rights and the rights of "tens of millions of Americans to engage in and hear core political speech in the middle of an ongoing presidential campaign."
Earlier this month, the Court of Appeals for the District of Columbia temporarily halted the gag order pending Trump's appeal, the Daily Caller reported. Oral arguments before a three-judge panel are scheduled for next week.
Brian Freeman ✉
Brian Freeman, a Newsmax writer based in Israel, has more than three decades writing and editing about culture and politics for newspapers, online and television.
© 2025 Newsmax. All rights reserved.