Special Counsel Jack Smith asked a Federal Judge to Reinstate a Gag Order on Trump, arguing that He has used a brief reprieve from the Restrictions to Pressure and Attack Witnesses, like His former Chief of Staff Mark Meadows.
The 32-page filing is a remarkable portrayal of Trump as an Active Danger who must be Restricted by a Court to Not only Protect the integrity of the upcoming Trial but also the Physical Safety of Government Witnesses.
U.S. District Court Judge Tanya Chutkan, who is presiding over Trump’s Federal Criminal Case on Charges related to Trump's efforts to Subvert the 2020 Election, imposed the Gag Order last week, only to pause it a few days later, at Trump’s request after He filed an Appeal.
As soon as it was paused, Trump immediately unleashed a torrent of Public Invective that would have Violated the Order if it were in effect, the Special Counsel’s team argued in the New Brief.
“The defendant has returned to the very sort of targeting that the Order prohibits, including attempting to intimidate and influence foreseeable witnesses, and commenting on the substance of their testimony,” Senior Assistant Special Counsels Molly Gaston and Thomas Windom wrote.
The Brief describes Trump as an ongoing Danger to Witnesses in His forthcoming Trial, scheduled to begin in March. Prosecutors say He is keenly aware of His influence on Extremist Followers who are often motivated by His Comments to Threaten or Attack His perceived Enemies. And they say He intentionally Stokes the Fury of His Followers while maintaining distance from the Consequences.
“He well knows that, by publicly targeting perceived adversaries with inflammatory language, he can maintain a plausible deniability while ensuring the desired results,” Gaston and Windom wrote. “The defendant knows the effect of his targeting and seeks to use it to his strategic advantage while simultaneously disclaiming any responsibility for the very acts he causes.”
The Filing represents the starkest Case yet painted by Federal Prosecutors that Trump poses an ongoing Threat to Witnesses, Senior Government Officials, and the Justice system as a whole.
To support the Claim, Gaston and Windom noted the recent Prosecution of a Jan. 6 Defendant who was Arrested in Barack Obama’s neighborhood shortly after Trump Reposted a News Article that included Obama’s Home Address.
And they noted that Marc Short, the former Chief-of-Staff to Trump’s Vice President Mike Pence, Alerted the Secret Service after Trump warned He would have to Criticize Pence for breaking with Him, on efforts to Overturn the Election.
The Special Counsel’s argument to U.S. District Court Judge Tanya Chutkan also draws heavily on Trump’s recent Conduct, including His Comments on Meadows.
On Tuesday, after ABC News reported that Meadows had taken an Immunity Deal and Testified that He repeatedly told Trump the 2020 Election was Not Stolen, Trump took to Truth Social and, after naming Meadows, said only “Weaklings” or “cowards” would make a Deal with Federal Prosecutors to say Harmful things about Him.
“I don’t think Mark Meadows is one of them, but who really knows?” Trump said. Prosecutors called that “an unmistakable and threatening message to a foreseeable witness in this case.”
NYC Wins When Everyone Can Vote! Michael H. Drucker
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