Keep gag order on Trump
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Right: Former President Donald Trump speaks during a break in his civil business fraud trial at New York Supreme Court, Wednesday, Oct. 25, 2023, in New York. (AP Photo/Seth Wenig/Left: Special counsel Jack Smith speaks to the media about an indictment of former President Donald Trump, Tuesday, Aug. 1, 2023, at an office of the Department of Justice in Washington. AP Photo/J. Scott Applewhite.

Right: Former President Donald Trump speaks during a break in his civil business fraud trial at New York Supreme Court, Wednesday, Oct. 25, 2023, in New York. (AP Photo/Seth Wenig/Left: Special counsel Jack Smith speaks to the media about an indictment of former President Donald Trump, Tuesday, Aug. 1, 2023, at an office of the Department of Justice in Washington. AP Photo/J. Scott Applewhite.

As an appellate fight swiftly approaches in Washington, D.C., weighing whether a narrow gag order imposed on Donald Trump in his election subversion case should remain in place, special counsel Jack Smith lobbed his opening volley Tuesday, urging the court to squarely reject the former president’s “scattershot” invocations of the First Amendment and enforce a gag order that will protect proceedings much like the lower courts have done in other high profile cases, including the indictment of Trump ally Roger Stone.

“There has never been a criminal case in which a court has granted a defendant an unfettered right to try his case in the media, malign the prosecutors and his family and after threatening witnesses, ‘IF YOU COME AFTER ME, I’M COMING AFTER YOU,’ target specific witnesses with attacks on their character and credibility, calling one ‘weakling’ and ‘coward’ and suggesting that another’s actions warrant the ‘punishment’ of ‘DEATH!”” Smith wrote Tuesday in a 67-page brief for the appellate court in Washington, D.C., quoting just a sampling of Trump’s remarks on social media or in the press since his indictment for conspiring to overturn the results of the 2020 election was first announced in August.

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