Trump's lawyers accuse special counsel of seeking to "muzzle" him

Washington — Former President Donald Trump's lawyers lambasted a request by peculiar counsel Jack Smith for a gag bid successful the federal lawsuit involving the 2020 statesmanlike election, claiming successful a caller filing that prosecutors are seeking to "unlawfully silence" Trump with a projected bid that would interruption his First Amendment rights.

Trump's ineligible squad claimed successful the 25-page filing that the petition from Smith is excessively wide and threatens to chill the escaped code rights of not lone the erstwhile president, but of his lawyers, too. They argued that national prosecutors are seeking to "muzzle" Trump astatine a clip erstwhile helium has a narrow lead implicit Mr. Biden successful the polls.

"At bottom, the Proposed Gag Order is thing much than an evident effort by the Biden medication to unlawfully soundlessness its astir salient governmental opponent, who has present taken a commanding pb successful the polls," Trump's lawyer Gregory Singer wrote. A CBS News canvass of apt voters conducted earlier this period has Trump up of the president, 50% to 49%. 

Trump's lawyers criticized the rhetoric from the peculiar counsel and his team, accusing them of issuing an indictment that "read precise overmuch similar a run property release." They took purpose astatine Smith specifically and claimed helium delivered an "incendiary attack" against Trump during a press league successful August, during which the peculiar counsel announced the 4 national charges filed against him relating to an alleged effort to halt the transportation of statesmanlike power. The erstwhile president has pleaded not guilty.

Former President Donald Trump speaks to supporters during a perpetrate to caucus rally, Wednesday, Sept. 20, 2023, successful Maquoketa, Iowa. Jabin Botsford/The Washington Post via Getty Images

"Following these efforts to poison President Trump's defense, the prosecution present asks the tribunal to instrumentality the bonzer measurement of stripping President Trump of his First Amendment freedoms during the astir important months of his run against President Biden," lawyers for the erstwhile president wrote. "The tribunal should cull this transparent gamesmanship and contradict the question entirely."

The filing came successful effect to a petition from the peculiar counsel that U.S. District Judge Tanya Chutkan, who is overseeing the case, limit what Trump tin say publically astir it. Citing a slew of societal media posts from the erstwhile president connected the level Truth Social, prosecutors accused Trump of making "inflammatory nationalist statements" that sought to power imaginable jurors and intimidate witnesses. 

Smith asked Chutkan to contented a "narrowly tailored" bid barring Trump from making statements "regarding the identity, testimony, oregon credibility of prospective witnesses," and "about immoderate party, witness, attorney, tribunal personnel, oregon imaginable jurors that are disparaging and inflammatory, oregon intimidating."

But Trump's lawyers pushed backmost connected the scope of the projected bid sought by prosecutors, successful portion due to the fact that they said it would see "disparaging" statements astir imaginable witnesses, which whitethorn see astatine slightest 1 — erstwhile Vice President Mike Pence — who is moving against Trump for the GOP statesmanlike nomination.

They called it "absurd" to suggest the tribunal and prosecution are intimidated by Trump's comments connected societal media and noted that proceedings successful the lawsuit truthful acold person continued without incidental oregon delay. The lawyers besides saidthat nary imaginable witnesser has indicated they would not attest due to the fact that of Trump's comments, and alternatively "appear anxious to stock their expected grounds with the media and volition undoubtedly attest astatine a imaginable trial, if called to bash so." Trump's attorneys specifically mentioned Pence and erstwhile Attorney General Bill Barr, noting each has written books astir Trump and, fixed their anterior high-ranking authorities positions, are improbable to beryllium intimidated by societal media postings.

"The prosecution would soundlessness President Trump, amid a governmental run wherever his close to knock the authorities is astatine its zenith, each to debar a nationalist rebuke of this prosecution," Singer wrote.

Trump's lawyers asked Chutkan to docket a proceeding connected the matter. The erstwhile president has continued to onslaught Smith online, calling him "deranged." He antecedently has claimed Chutkan is "very biased & unfair," and accused her of being a "radical Obama hack."

Since helium was charged successful August successful the national elections lawsuit — 1 of the four  indictments Trump has faced successful 4 antithetic jurisdictions, helium has pleaded not blameworthy to each charges — the erstwhile president and his lawyers person argued that his behaviour surrounding the 2020 elections was protected by the First Amendment. 

During a proceeding successful August, Chutkan acknowledged Trump's right to escaped speech, but said it is "not absolute." She besides reminded the erstwhile president's lawyers that helium is taxable to the conditions of his merchandise that were imposed astatine his arraignment, including rules preventing witnesser intimidation.

Chutkan herself has received astatine slightest 1 convulsive threat: A Texas pistillate was arrested successful August aft she near a voicemail for the justice that said successful part, "You are successful our sights, we privation to termination you."

In the message, the pistillate alleged that if Trump were not to beryllium elected president successful 2024, "we are coming to termination you," and "you volition beryllium targeted personally, publicly, your family, each of it," according to a transgression ailment filed successful national court.

The voicemail was near for Chutkan who 1 time aft Trump posted connected societal media, "IF YOU GO AFTER ME, I'M COMING AFTER YOU!" according to the filing.

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