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 strongly indicated that his lawyers will oppose Special Counsel Jack Smith’s motion 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. Chutkan gave Trump’s lawyers until 5 p.m Monday to respond.
“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 posts on his Truth Social social media site. “This, despite the fact that he, the DOJ, and his many Thug prosecutors, are illegally leaking, everything and anything, to the Fake News Media!!!”
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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 follows 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.
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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.
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