The Special Counsel has requested the judge to compel Trump to refrain from discussing the case involving the attempted coup on January 6th.


WASHINGTON — Special counsel Jack Smith is asking the federal judge presiding over Donald Trump’s Jan. 6 case to stop the former president from making inflammatory statements that he said are endangering witnesses and will make finding a fair jury difficult.

In a filing to U.S. District Judge Tanya Chutkin on Friday, Smith stated that the defendant has continuously and extensively spread public statements that criticize the citizens of the District of Columbia, the court, prosecutors, and potential witnesses. Smith further mentioned that the defendant is aware that his public attacks on individuals and institutions encourage others to threaten and harass those he targets.

Shortly after the court posted the request, Trump promptly replied with a statement resembling the ones mentioned by Smith in his 19-page submission. “Am I not permitted to provide a response? They constantly leak, spread falsehoods, and file lawsuits, yet they restrict my ability to express myself? How else can I convey that Jack Smith is mentally unstable or that Joe is incapable?” Trump expressed on his social media platform, Truth Social.

In his filing, Smith cited Trump’s Aug. 23 post after his lawyer, Rudy Giuliani, was charged in a separate Georgia case: “THE ELECTION WAS RIGGED & STOLLEN. HOW SAD FOR OUR COUNTRY. MAGA!”

In the filing, he also included a post from Aug. 5 where Trump criticized former Vice President Mike Pence for not complying with his request to declare him the winner of the 2020 election. Trump expressed his belief that Pence is delusional and attempting to portray himself as a strong individual.

Smith presented various instances of individuals who have been subjected to harassment and threats by Trump supporters. In the filing, the names of these individuals were redacted. However, the details mentioned in the filing indicate that Smith is referring to Ruby Freeman and Shaye Moss, both Atlanta elections workers who were falsely accused of fraud by Trump, and Chris Krebs, the former DHS official responsible for election security, whom Trump dismissed after Krebs stated that there was no substantial fraud.

“The accused persists in targeting individuals with these assaults because he is aware that by doing so, he can agitate the public and rally his supporters,” Smith stated. “As he openly admitted during a televised town hall meeting on May 10, 2023, his supporters pay unparalleled attention to his words.”

Special counsel Jack Smith, pictured here, wrote in a filing to U.S. District Judge Tanya Chutkin that Donald Trump "has spread disparaging and inflammatory public posts on Truth Social on a near-daily basis."
In a document submitted to U.S. District Judge Tanya Chutkin, special counsel Jack Smith stated that Donald Trump has been consistently posting derogatory and provocative content on Truth Social.
The Washington Post via Getty Images

Smith also referenced Trump’s statement on August 4th, the day after his appearance in federal court, where he stated: “If you pursue me, I will retaliate against you!”

“I cannot reword”

Smith provided illustrations of Trump’s criticisms directed at Chutkin, as well as the special counsel’s office, which included Smith personally.

Smith wrote that individuals participating in the criminal justice system, such as court personnel, prosecutors, witnesses, and potential jurors, may have a legitimate concern about becoming the defendant’s next victims after reading or hearing the defendant’s derogatory and provocative messages.

“I am unable to reword this text.”

“I cannot reword”