Special counsel Jack Smith submitted a new court filing demanding a gag order for former President Donald Trump, citing his disparaging remarks against the judge in his case, Judge Tanya Chutkan, as well as outgoing Joint Chiefs of Staff Chairman Gen. Mark Milley.

Smith two weeks ago filed a motion for a limited gag order against Trump, but on Friday Smith submitted a new motion in response to recent criticisms the former president made against Milley, Chutkan, former Vice President Mike Pence, and former Attorney General Bill Barr.

The filing reads:

“The Government’s proposed order restricting the parties’ statements under Local Criminal Rule 57.7(c) is necessary and appropriate to protect the due administration of justice in this case. The defendant’s opposition to it is based on several faulty premises: that the defendant need not face even the most limited imposition in order to protect the public interest in the due administration of justice; that the legal standard for imposing reasonable restrictions on extrajudicial statements in a criminal case is higher than it actually is; that the defendant’s statements to date have not been intimidating or prejudicial; and that the proposed order would impose sweeping restrictions that it plainly would not. In fact, the proposed order readily meets the relevant legal standard set forth below.”

Smith claimed Trump recently calling Judge Chutkan “really corrupt” and accusing Milley of committing “treason” were reason enough to gag the former president.

On September 5, shortly before the Government filed its motion, the defendant posted an article on the social media platform Truth Social, on which the defendant has more than 6 million followers, making claims about the Court with the sarcastic caption, “Oh, I’m sure she will be very fair” and an article circulating a false accusation against a Special Counsel’s Office prosecutor with the caption, “Really corrupt!”

On September 22, on Truth Social, the defendant falsely claimed that the retiring Chairman of the Joint Chiefs of Staff, a witness cited in the indictment, had committed treason and suggested that he should be executed:

Smith even claimed Trump saying Pence went “to the Dark Side” was another egregious offense that had to be addressed.

On September 6, on Truth Social, the defendant issued two posts attacking the former Vice President, a witness identified in the indictment, in relation to this case, saying that he had seen the Vice President “make up stories about me, which are absolutely false,” and that the witness had gone to the “Dark Side”;

Smith also took issue with Trump’s statements about the Georgia Secretary of State and former AG Barr.

In an interview aired on NBC’s Meet the Press on September 17,5 the defendant answered questions for more than an hour, and said, among other things:

o That the Georgia Secretary of State, a witness identified in the indictment, recently said things that he had not, including that the defendant “didn’t do anything wrong” during a phone call constituting an overt act in the indictment;

o That another witness identified in the indictment, the former Attorney General, “didn’t do his job” during the charged conspiracy because he was afraid of being impeached.

“Through both of its proposed orders, the Government seeks appropriate processes for protecting the jury pool in this case and the integrity of this proceeding. The Court should grant the Government’s motion and enter them,” Smith added.

Smith’s previous gag order request argued that Trump’s disparaging comments against the judge in his case and other individuals were an attempt to “prejudice the jury pool.”

Trump issued a response to that request via Truth Social, writing, “Biden Prosecutor, Deranged Jack Smith, has asked the Court to limit 45th President, and leading Republican Nominee (by more than 50 points, & beating Dems!) DONALD J. TRUMP’S, PUBLIC STATEMENTS. So, I’m campaigning for President against an incompetent person who has WEAPONIZED the DOJ & FBI to go after his Political Opponent, & I am not allowed to COMMENT? They Leak, Lie, & Sue, & they won’t allow me to SPEAK? How else would I explain that Jack Smith is DERANGED, or Crooked Joe is INCOMPETENT?”

Trump’s criticisms of these Deep State stooges are clearly protected speech under the First Amendment.

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