September 15, 2023

Special counsel Jack Smith is asking a judge to issue a gag order against Donald Trump, prohibiting him from attacking prosecutors, the judge or potential witnesses who may testify in his federal criminal trial stemming from his effort to subvert the 2020 election.

“The defendant’s past conduct, including conduct that has taken place after and as a direct result of the indictment in this case, amply demonstrates the need for this order,” prosecutors wrote, adding that Trump’s past salvos had already resulted in harassment of potential witnesses.

On Friday afternoon, U.S. District Court Judge Tanya Chutkan unsealed filings revealing the government’s week-old request, arguing that Trump is undermining the fairness of the proceedings through “disparaging and inflammatory attacks” on prosecutors, witnesses and the judge in the case.

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