Sep 26, 2023 - Politics & Policy

Trump wants judge to reject gag order request in election interference case

Donald Trump at a mic

Donald Trump speaks during a campaign rally on Sept. 25 in Summerville, South Carolina. Photo: Sean Rayford/Getty Images

Former President Trump's lawyers on Monday slammed prosecutors' request for a narrow gag order in the special counsel's election interference case.

Why it matters: Trump's legal team argued in a court filing that such an order would violate his First Amendment rights and "unconstitutionally silence" the frontrunner in the GOP primary during the "most important months" of his 2024 campaign.

  • "The Court should reject this transparent gamesmanship and deny the motion entirely," the lawyers wrote.

Driving the news: Special Counsel Jack Smith requested a "narrowly tailored" gag order for the former president earlier this month, arguing Trump tried to "undermine confidence in the criminal justice system and prejudice the jury pool."

  • Trump's lawyers pushed back against the special counsel's claims.
  • "It is absurd to suggest the prosecution and the Court are 'intimidated' by critical social media posts," Monday's filing stated.
  • Trump and his team are entitled to counter the "harmful publicity" related to the case "with public statements of their own," Trump's lawyers wrote.

The big picture: Trump pleaded not guilty to all charges in the case in August.

  • The trial over his alleged efforts to overturn the 2020 election is scheduled to begin March 4.
  • In total, Trump has been indicted four times and faces 91 state and federal charges.
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