Special Counsel Requests ‘Narrowly Tailored’ Gag Order for Trump in 2020 Election-Interference Case

Federal prosecutors are seeking a “narrowly tailored” gag order against former president Donald Trump in the case involving his alleged efforts to overturn the 2020 election, according to reports.

Prosecutors explained in a 19-page court filing released today that they are requesting the order to keep Trump from making public statements that could “present a serious and substantial danger of material prejudicing this case” because he has made “near-daily” social-media attacks on people involved in the case, including Judge Tanya Chutkan and special counsel Jack Smith.

“Since the indictment in this case, the defendant has spread disparaging and inflammatory public posts on Truth Social on a near-daily basis regarding the citizens of the District of Columbia, the court, prosecutors and prospective witnesses,” prosecutors wrote.

“Like his previous public disinformation campaign regarding the 2020 presidential election,” the prosecutors added, “the defendant’s recent extrajudicial statements are intended to undermine public confidence in an institution — the judicial system — and to undermine confidence in and intimidate individuals — the court, the jury pool, witnesses and prosecutors.”

The request, which must be approved by Chutkan, would ban Trump from making statements about the identity, testimony, or credibility of prospective witnesses. However, prosecutors said they do not want to block Trump from being able to quote or reference the court record or to proclaim his innocence.

The request comes after Chutkan told Trump’s lawyers during a hearing last month that she would not tolerate any comments from the former president that might “intimidate witnesses or prejudice potential jurors.”

“I caution you and your client to take special care in your public statements in this case,” Chutkan said at the time. “I will take whatever measures are necessary to protect the integrity of these proceedings.”

Trump pleaded not guilty to four federal charges in the case last month: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempting to obstruct an official proceeding, and conspiracy against rights.

The indictment lists six unnamed co-conspirators, including several attorneys, a DOJ official, and a political consultant. It alleges Trump “pursued unlawful means of discounting legitimate votes and subverting the election results.”

“Despite having lost, the Defendant was determined to remain in power. So for more than two months following election day on November 3, 2020, the Defendant spread lies that there had been outcome-determinative fraud in the election and that he had actually won. These claims were false, and the Defendant knew that they were false,” the indictment reads.

The trial is set to begin on March 4 — one day before Super Tuesday. Prosecutors in the case asked that the trial begin on January 2. Trump’s lawyers advocated for a start date in April 2026.

Trump is also facing 42 felony counts as a result of Smith’s separate investigation into the former president’s alleged mishandling of classified documents. He is also facing 13 felony charges in connection with an election-interference case in Fulton County, Ga.

Before that, Trump was indicted in Manhattan on 34 felony counts of falsifying business records in connection with a hush-money payment to adult-film actress Stormy Daniels.