Federal Prosecutors Argue for Trump Gag Order Amid First Amendment Claims and Attacks on Special Counsel

Special counsel Jack Smith has urged the appellate court in Washington, D.C. to reject former President Donald Trump's "scattershot" invocations of the First Amendment and enforce a gag order in his election subversion case. Smith argued that Trump's public remarks on social media and in the press, including threats against witnesses, targeting specific individuals, and attacks on their character, warrant the imposition of a gag order to protect the integrity of the proceedings. Prosecutors highlighted previous cases, such as the indictment of Trump ally Roger Stone, to support their request for a gag order. Trump's lawyers have argued that his speech does not pose a "clear and present danger" to the proceedings and have threatened to take the case to the U.S. Supreme Court if necessary. Oral arguments at the appellate court are scheduled for November 20.
- ‘Without regard to numbers, wealth or rank’: Special counsel rails against Trump ‘scattershot’ First Amendment claims as demand for ‘special exception’ Law & Crime
- Federal prosecutors want Trump gag order upheld, pointing to attacks on special counsel’s family CNN
- Federal Prosecutors Make Their Case for Gag Order on Trump The New York Times
- Jack Smith urges reinstatement of Trump gag order in 2020 election case Axios
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