President Trump recently took an unconventional step in the legal battle with Jack Smith, a supporter of the former president charged in the federal investigation of the January 6th Capitol riots. The former president filed court documents directly objecting to Smith’s request for a “narrow” gag order that would have blocked public disclosure of the evidence against him.
Trump’s team argued that the proposed gag order was overly broad and could limit public scrutiny of the ongoing case. They argued that not only would the proposed order prevent the former president’s legal team from defending him, but it would also stifle public discourse about the events of the January 6th riots. Trump asked the presiding judge to deny the request, submitting a legal brief signed by his personal attorney, Charles Harder.
The underlying case involves Jack Smith, a self-described “Patriot Teen” who has been charged with seven felonies for his alleged role in the Capitol riots on January 6th. In addition to the charges, federal prosecutors also accuse him of issuing “death threats” against various elected officials. Smith has denied the charges and his lawyers filed a motion requesting a “narrow” gag order.
The proposed gag order would have blocked public disclosure of key evidence against Smith, including documents and testimony that could potentially exonerate him. It would have effectively prevented the public from scrutinizing the case and engaging in an open discussion about the events of January 6th.
Trump’s attorneys argued that the proposed gag order was unconstitutional and an undue infringement on their First Amendment rights. Harder wrote in the brief that the order posed a “real and grave threat to the foundational principle of open judicial proceedings and the public’s constitutional right to supervision of the Executive Branch.” Trump’s team seems confident that the judge will deny Smith’s request.
The court filing marks an unusual step from Trump’s legal team just months after his second impeachment trial for allegedly inciting the events of January 6th. The former president’s legal team has made it clear that they’re determined to defend him against any and all allegations, and it appears they are doing exactly that.