Donald Trump is making “daily extrajudicial statements that threaten to prejudice the jury pool” in the federal criminal case dealing with his efforts to overturn the 2020 election, attorneys for special counsel Jack Smith said in a court filing.
Trump has not hesitated to criticize the US district judge Tanya Chutkan, who is overseeing the case. He has called her “highly partisan” and “VERY BIASED & UNFAIR,” pointing to her comments sentencing one of the January 6 rioters. Trump has also attacked Smith, calling him “deranged” and someone with “unchecked and insane aggression”.
Chutkan has warned Trump’s attorneys about his comments. She has also imposed a protective order in the case, limiting what documents and other materials can be made public.
“I caution you and your client to take special care in your public statements about this case,” she said to John Lauro, one of his lawyers, during a hearing in August. “I will take whatever measures are necessary to safeguard the integrity of these proceedings.”
Smith’s complaint shows the extent to which Trump’s social media activities – often typified by conspiracy-laden rants – are a serious issue for US prosecutors and risk exposing him to sanctions from the judge, who last week set a trial date of 4 March 2024, in an effort to keep the case moving.
Trump has faced admonitions in his other cases, too, with a condition of his release in a separate prosecution in Georgia being that he avoid intimidating co-defendants, witnesses or victims.
Smith’s comments came at the end of a brief filing on Tuesday that is part of a dispute over how sensitive materials in the case should be handled.
Trump’s attorneys argued Tuesday that they are entitled to 14 days to respond to any request to file something under seal, while the special counsel’s office said “such a requirement would grind litigation in this case to a halt”. Chutkan ruled on Wednesday she would give parties in the case a chance to respond to requests under seal, though she said the reply may have to come faster than 14 days.
