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Trump demands court ignore DOJ request for gag order

Former president's lawyers say gag order would violate free speech
By Timothy H.J. Nerozzi Fox News

Published September 26, 2023 9:04am EDT

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Former President Donald Trump pushed back on a Department of Justice request for a
gag order with regard to his prosecution.

The Trump legal team published a 25-page brief to condemn the DOJ's request citing ,

freedom of speech and the necessity of transparency.

"The prosecution would silence President Trump, amid a political campaign where his
right to criticize the government is at its zenith, all to avoid a public rebuke of this
prosecution. However, ‘above all else, the First Amendment means that government has
no power to restrict expression because of its message, its ideas, its subject matter, or its
content,’" the brief states.

TRUMP RESPONDS TO DEM EFFORTS TO BAN HIM FROM 2024 BALLOTS, SAYS FIRST
AMENDMENT PROTECTS HIM

The Trump legal team published a 25-page brief to condemn the Department of Justice's request, citing freedom of speech
and the necessity of transparency. (Sean Rayford / Getty Images / File)
The document adds, "The prosecution may not like President’s Trump’s entirely valid
criticisms, but neither it nor this Court are the filter for what the public may hear."

The brief was filed Monday and disputes claims by prosecutors that Trump's history of
inflammatory comments about political opponents threaten legal proceedings.

Special counsel Jack Smith's team is aiming to restrict the former president's ability to
comment on the case, saying that his famously fiery and antagonistic rhetoric could affect
jurors' perceptions.

TRUMP CAMPAIGN WALKS BACK CLAIM FORMER PRESIDENT PURCHASED GLOCK

AMID QUESTIONS ABOUT LEGALITY

"The defendant knows that when he publicly attacks individuals and institutions, he
inspires others to perpetrate threats and harassment against his targets," prosecutors
previously said.

The former president has cited the Constitution multiple times this week while defending
himself from critics.

Trump responded to efforts by Democrats to ban him from presidential primary ballots in
2024 on Monday, saying the U.S. Constitution protects him.
 Former President Donald Trump speaks to a crowd during a campaign rally in Summerville, South Carolina, on Monday.
(Sean Rayford / Getty Images)

Trump is facing efforts in several states to remove his name from ballots over his
involvement in the Jan. 6, 2021, Capitol protests, which his critics argue amounted to an
insurrection against the United States. Attorneys for Trump argue that his statements
regarding the 2020 election are protected by the First Amendment.

"At no time do Petitioners argue that President Trump did anything other than engage in
either speaking or refusing to speak for their argument that he engaged in the purported
insurrection," attorney Geoffrey Blue wrote in a Colorado court filing on Monday.

Timothy Nerozzi is a writer for Fox News Digital. You can follow him on Twitter @timothynerozzi and
can email him at timothy.nerozzi@fox.com

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