Prosecutors want to prevent Donald Trump from publicly commenting on his trial

Donald Trump's “inflammatory” comments on social networks in the sights of American justice? Several American federal prosecutors have indeed requested the issuance of an order concerning former President Donald Trump. The latter would be prohibited from publicly commenting on progress in the trial on his alleged attempts to reverse the result of the 2020 presidential elections, reports the British daily The Guardian on October 16, 2023.

An unprecedented decision, which follows numerous complaints from American prosecutors in the context of the trial facing the ex-president. The latter pointed out the dozens of verbal attacks made by Donald Trump, which, according to them, intimidated witnesses and influenced the jurors of his trial.

The complaints notably concerned the Republican's virulent posts against his former vice-president Mike Pence, who had testified during the criminal investigation. Donald Trump also suggested that former chairman of the Joint Chiefs of Staff General Mark Milley, another potential witness in the trial, should be executed.

This legislative gag would limit public statements by Donald Trump or his lawyers concerning the identity or testimony of possible witnesses. The former Republican president could only deny the charges against him, without having the possibility of making “further comments”. This request, filed on October 13, is however a first, as it raises the question of a possible stay in prison for the president, if he were to transgress this order.

Also read Against Donald Trump, is American justice political?

The defendant's lawyers responded by saying it was "absurd" for prosecutors to imagine that high-level officials, like Mike Pence or Mark Milley, could be intimidated by Donald Trump's messages on social networks . According to them, this order would be in violation of the First Amendment of the American Constitution, which guarantees freedom of expression in the United States.

For Donald Trump and his lawyers, the former president, who declared that the 2020 presidential election had been “stolen” from him, would be using the First Amendment of the Constitution.