Sept. 30 (UPI) — Federal prosecutors have again asked for a gag order on Donald Trump ahead of his upcoming election interference trial in Washington, D.C., citing a recent social media attacks on Gen. Mark Milley and others.
The 22-page notice filed late Friday by special prosecutor Jack Smith‘s office comes after Trump made several statements on social media targeting the now-retired former Joint Chiefs of Staff chairman, who is expected to testify in the trial.
The filing asks federal Judge Tanya Chutkan to block the former president from making public attacks against Milley or other potential witnesses in the trial, which is scheduled to start in March.
In a social media post earlier in the month, Trump suggested Milley had engaged in “treasonous” conduct and should be executed.
Milley responded Wednesday saying he was taking “appropriate measures” to protect his family in the wake of the threats.
The gag order request also specifically references former Vice President Mike Pence, Georgia Secretary of State Brad Raffensperger and former U.S. Attorney General William Barr, who are all named as potential witnesses in the indictment.
“The defendant should not be permitted to continue to try this case in the court of public opinion rather than in the court of law, and thereby undermine the fairness and integrity of this proceeding,” reads the request from prosecutors.
“No other criminal defendant would be permitted to issue public statements insinuating that a known witness in his case should be executed; this defendant should not be, either. The defendant’s baseless attacks on the Court and two individual prosecutors not only could subject them to threats — it also could cause potential jurors to develop views about the propriety of the prosecution, an improper consideration for a juror prior to trial.”
Trump has publicly labeled Milley and other potential witnesses as “political enemies,” and vowed to seek “retribution” if re-elected in 2024.
Prosecutors on Sept. 13 filed an initial limited gag order against the former president, who is seen as the frontrunner to secure the Republican nomination.
The former president’s legal team on Monday challenged that order, saying it tramples his First Amendment rights while on the campaign trail.
Prosecutors said in Friday’s filing they are seeking to limit Trump from using “his candidacy as a cover for making prejudicial public statements about this case.”
Chutkan is scheduled to rule on the issue Oct. 16. She previously warned Trump and his legal team about publicly making inflammatory statements in the case.
The judge on Wednesday refused to recuse herself from the case.
