Former President Trump may be facing a potential gag order after special prosecutor Jack Smith requested a protective order.
I think a gag order is likely, I’m just not sure if it will be enforced,” former federal prosecutor Neama Rahmani told CNBC.
“A lot of the judges that I’ve seen cover these types of political cases, they’ve been all bark, no bite,” he said.
Smith filed for the order after a Trump social media post when the former president wrote, “IF YOU GO AFTER ME, I’m COMING AFTER YOU!”
“If the defendant were to begin issuing public posts using details — or, for example, grand jury transcripts — obtained in discovery here, it could have a harmful chilling effect on witnesses or adversely affect the fair administration of justice in this case,” Smith wrote.
DC Judge Tanya Chutkan requested an expedited response from Trump’s team regarding the social media post and filing.
Trump’s team asked for the normal required time to respond to the motion but was denied.
In their response to Chutkan Trump’s team wrote, “Wihtout doubt, the Court’s decision to vary from the default Local Rules and allow President Trump less than one business day to respond to this important Motion is a concerning development, inconsistent with his due process rights.”
Counsel for Donald Trump respond to DC Judge Tanya Chutkan’s expedited schedule –
Her decision to ignore Local Rules and give “Trump less than one business day to respond to this important Motion is a concerning development, inconsistent with his due process rights.” pic.twitter.com/qtuELmU9Rt
— Techno Fog (@Techno_Fog) August 7, 2023
Additionally, Trump’s legal team said a gag order would limit the former president’s First Amendment rights.
“In a trial about First Amendment rights, the government seeks to restrict First Amendment rights,” Trump’s attorneys wrote in their filing. “Worse, it does so against its administration’s primary political opponent, during an election season in which the administration, prominent party members, and media allies have campaigned on the indictment and proliferated its false allegations.”
The judge has requested a hearing take place before August 11, 2023.
