published : 2023-09-30

Prosecutors Seek Gag Order on Trump, Citing 'Death' Comment

Former President Trump accuses Milley of cooperating with China

A photo of the Department of Justice building in Washington, DC, taken with a Nikon D850

The Department of Justice is intensifying its efforts to secure a gag order on former President Donald Trump, pointing to his comments about the death penalty and his allegations against Chairman of the Joint Chiefs of Staff Mark Milley.

Prosecutors had initially requested a gag order, expressing concerns that Trump's public statements could impact the ongoing legal proceedings.

However, their request gained more weight after Trump wrote a series of accusations on the Truth Social platform, criticizing Milley's alleged phone call with Chinese counterparts following the January 6 protests.

In his accusatory statement, Trump referred to Milley as a 'Woke train wreck' and claimed that if the reports were accurate, the punishment for his actions would historically have been death.

An image of a redacted document with the words 'Gag Order' prominently displayed, taken with a Canon EOS R

Special counsel Jack Smith has now intensified his push for a gag order in light of Trump's comments regarding Milley.

Smith argued that allowing the defendant to continue trying the case in the court of public opinion rather than in a court of law could undermine the fairness and integrity of the proceedings.

The Trump team has vigorously opposed requests for a gag order, asserting that it would violate the former president's civil rights.

In a 25-page brief, the Trump legal team condemned the DOJ's request, citing freedom of speech and the importance of transparency.

A picture of former President Donald Trump giving a speech, expressing his views on the death penalty, taken with a Sony A7III

The prosecution's eagerness to silence President Trump, especially during a political campaign when his right to criticize the government is at its peak, raises concern about restricting expression based on its message or content.

Timothy Nerozzi is a writer for Fox News Digital.