President Donald Trump is fighting Jack Smith‘s request for a narrow gag order in his case related to the Jan. 6 attack on the U.S. Capitol. In a court filing on Thursday night, Trump’s attorneys argued that Smith’s request for a gag order was overly broad and could stifle their ability to communicate with the media and the public.
Trump’s attorneys argued that the gag order would prevent them from discussing Smith’s prior criminal history, the materials they sought from the government and his defense strategy. In their filing, Trump’s attorneys argued that the gag order would have a “chilling effect not only on Mr. Trump’s counsel’s right to discuss the case, but also on the public’s right to be fully informed in matters of great public importance.”
Smith had previously requested a narrow gag order regarding information related to the investigation into his involvement in the Capitol attack. His attorneys argued that without a gag order, media coverage may be prejudicial to Smith’s case.
Trump’s attorneys countered that Smith’s request for a gag order was too broad and that the court should limit the scope of the gag order. They suggested that the court should instead impose a narrower gag order that applies only to information that could impact Smith’s ability to receive a fair trial or prejudice potential jurors. They also argued that any gag order should include an exception to allow counsel to discuss matters of public interest with the media.
Trump’s attorneys’ filing marks the latest development in the legal battle over Smith’s case. Smith is facing multiple federal charges related to the attack on the Capitol, including obstruction of an official proceeding, assaulting law enforcement officers, and entering a restricted building. He has pleaded not guilty to all charges.