Trump launches new attack on judge and Special Counsel prosecutor in Jan. 6 election case

Former President Donald Trump launched a new attack Monday against the federal prosecutor and judge in his Jan. 6 election fraud case, saying on social media that they are trying to unfairly take away his First Amendment right to free speech.

Trump's comments were followed by a legal motion by his lawyers in which they opposed Special Counsel Jack Smith's request to have U.S. District Judge Tanya S. Chutkan impose a protective order limiting what evidence Trump can publicly share in the case relating to his alleged efforts to overturn the 2020 election.

Smith sought the motion after Trump issued a series of threats beginning Friday that appeared to be aimed at him, his prosecutors and other legal authorities who are investigating the former president. In one, Trump took to his Truth Social social media site Friday to declare, "IF YOU GO AFTER ME, I'M COMING AFTER YOU!"

Chutkan gave Trump's lawyers until 5 p.m Monday to respond, and his lawyers filed a 29-page motion at the deadline saying that the request by Smith and the Justice Department was too broad, and would unfairly limit Trump's ability to talk about his indictment − and to campaign.

"In a trial about First Amendment rights, the government seeks to restrict First Amendment rights. Worse, it does so against its administration’s primary political opponent, during an election season in which the administration, prominent party members, and media allies have campaigned on the indictment and proliferated its false allegations," Trump lawyers John F. Lauro, Todd Blanche and Filzah I. Pavalon wrote.

The proposal by Trump’s lawyers, they wrote, narrows the contours of the protective order sought by Smith “to shield only genuinely sensitive materials from public view."

"This more measured approach is consistent with other protective orders entered by this Court in cases concerning the events of January 6, 2021,” they wrote. And it appropriately balances the government’s desire to protect “highly sensitive categories of material" and to expedite the handover of discovery material “with the rights of President Trump and the public to free speech and an open proceeding," the motion said.

Trump’s lawyers also argued that his political opponents have used his indictments as campaign fodder as the 2024 GOP presidential nomination process heats up. Trump declared he was running for re-election last November, which is what prompted Attorney General Merrick Garland to tap Smith as special counsel in the first place.

Biden in particular capitalized on Trump’s most recent indictment on the Jan. 6 charges, Trump’s lawyers wrote in their response Monday evening, suggesting that the president’s tweet last Thursday was a “a thinly veiled reference to his administration’s prosecution of President Trump just hours before arraignment.”

The court filing then includes a photo of a post on Biden’s personal account on X, the social media platform formerly known as Twitter, in which Biden wrote: “A cup of Joe never tasted better,” with a link to a mug with the “Dark Brandon” image of Biden with lasers shooting out of his eyes.

Protecting confidential sources and witnesses

Smith wasted little time in responding to the Trump legal team's court filing, saying Trump wanted few limitations on what he can discuss about the case because he plans to continue trying the case in the court of public opinion.

"The defendant's proposed order would lead to the public dissemination of discovery material," the response by the special counse's office said. "Indeed, that is the defendant's stated goal; the defendant seeks to use the discovery material to litigate this case in the media."

Smith and his special counsel team had sought to prohibit Trump from talking publicly about a broad array of information that they are required to provide to his defense team under what are known as rules of discovery, especially exculpatory -- or potentially helpful -- evidence that prosecutors have gathered. That includes recordings, transcripts, interview reports, and related exhibits of witness interviews, according to DOJ motions.

Trump's team argued that he be prohibited from discussing a far more restrictive portion of discovery materials, including ”information regarding the government’s confidential sources or which may jeopardize witness security.”

It is now up to the judge to determine what kind of protective order, if any, to order.

Earlier in the day, Trump took to Truth Social to once again criticize Smith and Chutkan, accusing both of them of trying to silence him.

"Deranged Jack Smith is going before his number one draft pick, the Judge of his “dreams” (WHO MUST BE RECUSED!), in an attempt to take away my FIRST AMENDMENT RIGHTS," Trump wrote Monday morning in one of several Truth Social posts. "This, despite the fact that he, the DOJ, and his many Thug prosecutors, are illegally leaking, everything and anything, to the Fake News Media!!!"

More: Judge overseeing Trump Jan. 6 case was tough on rioters, known for keeping brisk trial pace

Trump asked last week that Chutkan recuse herself from the case and that it be moved from Washington, D.C., to another venue that he said would be more impartial toward him. He and his allies also have criticized Chutkan, citing sentences she has given in some cases involving Jan. 6 defendants that were harsher than prosecutors had asked for.

Chutkan, a former public defender and defense lawyer, also has developed a reputation for protecting the rights of those accused of serious criminal felonies, which could potentially benefit Trump, according to some legal analysts and former federal prosecutors.

Chutkan's 5 p.m. deadline followed her rejection Sunday of Trump’s request for a three-day extension to respond to the partial gag order. In his Truth Social posts, Trump continued to argue that any limitations on what he can discuss about the case are unconstitutional.

"No, I shouldn’t have a protective order placed on me because it would impinge upon my right to FREE SPEECH. Deranged Jack Smith and the Department of Injustice should, however, because they are illegally “leaking” all over the place!" Trump wrote Monday morning.

More: Donald Trump calls for judge's recusal, venue change in his 2020 election case

Prosecutors have argued that Trump and his allies could attempt to weaponize information and evidence shared with him as part of the discovery process, and use it to try and sway potential jurors and intimidate witnesses.

Steven Cheung, a Trump campaign spokesman, did not respond to requests for comment about Trump's latest social media posts.

Chutkan was randomly assigned to preside over the latest Trump case, in which the former president is charged with conspiring with others to illegally defraud the United States and obstruct the election victory of President Joe Biden. Trump pleaded not guilty to the charges last Thursday at his arraignment in Washington, D.C. before a federal separate magistrate.

More: Trump indictment recap: Jack Smith details how Trump allegedly tried to steal 2020 election

This article originally appeared on USA TODAY: Trump attacks prosecutors' efforts at protective order in Jan. 6 case