Former President Donald Trump resisted a Department of Justice request for a gag order concerning his prosecution.
The Trump legal team released a 25-page brief criticizing the DOJ’s request, arguing for freedom of speech and transparency.
The prosecution aims to silence President Trump during a political campaign where his right to redress grievances with the government is of utmost importance to prevent a public rebuke of the trial. However, the First Amendment means that the government cannot restrict speech because of its message, ideas, subject matter, or content, the brief states.
The document states that the prosecution may not appreciate President Trump’s valid criticisms, but neither the prosecution nor the Court are responsible for filtering what the public can hear.
The brief was filed Monday and challenges prosecutors’ claims that Trump’s past inflammatory comments about political opponents pose a threat to legal proceedings.
Special counsel Jack Smith’s team aims to limit the former president’s comments on the case due to concerns about his fiery and antagonistic rhetoric potentially influencing jurors’ perceptions.
The document states that the prosecution may not appreciate President Trump’s valid criticisms, but neither the prosecution nor the Court are responsible for filtering what the public can hear.
The brief was filed Monday and challenges prosecutors’ claims that Trump’s past inflammatory comments about political opponents pose a threat to legal proceedings.
Special counsel Jack Smith’s team aims to limit the former president’s comments on the case due to concerns that his fiery and antagonistic rhetoric could influence jurors’ perceptions.
Multiple states seek to remove Trump’s name from ballots due to his connection to the J6 Capitol riot, which his opponents claim constituted an insurrection against the United States—attorneys representing Trump claim that the First Amendment safeguards his remarks about the 2020 election.
