Jack Smith is pushing for the reinstatement of a gag order on Donald Trump following increased threats against the special counsel’s family. The 67-page motion filed in a Washington federal appeals court aims to revive Judge Tanya Chutkan’s suspended gag order, contested by Trump.
Reported by Raw Story on November 14, 2023, Politico first covered Smith’s initiative. In the extensive filing, Smith’s legal team drew a comparison between Trump’s recent social media outbursts and a historical incident involving a medieval king, referencing a famous request that led to the death of the king’s former lord chancellor.
The filing emphasized the potential danger of targeted disparagement, even without explicit calls for harassment or violence. It argued that repeated attacks could be seen as signals to act, drawing a parallel with historical remarks that led to murder.
The court document also highlighted a disturbing threat received by the district court, involving racial and gendered slurs and a violent warning: If Trump doesn’t get elected in 2024, we are coming to kill you. The New York Times reported the arrest of the accused caller.
This legal move precedes a November 20 hearing in the D.C. Circuit Court of Appeals, where a three-judge panel will consider Chutkan’s gag order. Judge Chutkan oversees the federal election fraud case in Washington D.C., where Trump has pleaded not guilty.
Trump’s challenge to gag orders rests on his 2024 presidential campaign status and constitutional protections for political speech. Prosecutors argue that the gag order doesn’t stop Trump from discussing the Biden administration or claiming unfair prosecution but insists he cannot launch a smear campaign against government staff, their families, and witnesses.
This filing arrives amidst concerns about the safety of Jack Smith and his family, given the nature of the threats. The three-judge panel’s decision on the gag order will significantly impact the ongoing legal proceedings.
