NEW: Trump has filed his opposition Jack Smith’s team’s motion for limits on what Trump and his lawyers can say about witnesses and participants in the federal election interference case. And it’s a doozy. 1/
Trump—despite the Justice Department and White House’s divorcing itself from any involvement in his case—now claims “the Biden Administration” charged him and now “seeks to unconstitutionally silence” him because it is “keenly aware that it is losing that race for 2024.” 2/
Literally, they have accused the Biden Administration of filing the motion to distract from Trump’s “commanding lead in the polls” and part of a larger election interference scheme. It’s one thing for Trump himself to say this; it’s stunning to see it from his lawyers. 3/
This is the filing in which they deny that Trump has ever intimidated “anyone” just days after suggesting General Milley—a potential witness in the case—could have been sentenced to death for his actions. 4/
storage.courtlistener.com/recap/gov.usco…
They have a “simple” solution, however: The government, which, unlike Trump has not engaged in constant extrajudicial speech since Jack Smith’s post-indictment press statement, let alone a daily fusillade of social media posts, should “stop abusing its power.” 5/
The whole thing has a taunting, Pee Wee Herman “I know you are but what am I?” quality to it. You think I’ve intimidated people? Show me witnesses who won’t show up. I’ve threatened trial participants? Prove my statements actually caused harm to the administration of Justice. 6/
Something tells me the government won’t shy away from both drawing that causal nexus, but will also argue that no matter how high the standard for imposing restrictions on Trump’s speech, at this point, they can meet it. FIN
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