Federal prosecutors have urged a Washington, D.C., judge to reinstate a limited gag order against former President Donald Trump. In court papers filed on Wednesday, special counsel Jack Smith's team argued that the gag order is necessary to prevent Trump from targeting potential witnesses in his 2020 election-related case. They also suggested that the gag order should be made a permanent condition of Trump's post-indictment release. The judge, Tanya Chutkan, had previously partially granted the Justice Department's request for restrictions on Trump's public speech about the case, barring him from speaking about prosecutors, court staff, and potential witnesses. However, Trump's legal team appealed the decision and asked Chutkan to put a hold on the gag order, which she did temporarily. Following the stay, Trump resumed posting about the special counsel and possible witnesses on his social media platform, Truth Social.

The special counsel's team argued in their court filing that Trump's language, including a recent social media post about his former chief of staff Mark Meadows, was "prejudicial and threatening" and risked influencing and intimidating potential witnesses. They contended that Trump's statements could prejudice the trial, which is scheduled to begin on March 4, 2024. In their filing, the special counsel's team also suggested that Judge Chutkan could modify the conditions of Trump's pretrial release to include compliance with the gag order as a condition. This would give the judge a range of potential punishments if Trump violated the order.

Trump's defense team has consistently argued that his ability to speak freely about the case is linked to his candidacy for president and that any restrictions on his speech would impede his ability to run for office. They have described the gag order as "breathtakingly overbroad" and aimed at preventing Trump from speaking about his political rivals on the campaign trail. The defense team has also emphasized that the indictment against Trump is of enormous public concern and a central issue in the upcoming election.

In a separate case, Trump was held in contempt and fined $10,000 for violating a gag order imposed by New York Judge Arthur Engoron in a civil trial related to his real estate empire. Trump briefly took the witness stand in that case but did not satisfy the judge's questions, resulting in the penalty.

The American Civil Liberties Union (ACLU) filed court papers in support of Trump's fight to overturn the limited gag order imposed by Judge Chutkan. While acknowledging that much of what Trump has said has been false and harmful, the ACLU argued that he retains his First Amendment right to speak. The ACLU also criticized the vagueness of Chutkan's ruling, stating that it violated the Constitution.

Overall, the legal battle over the gag order on Trump continues, with both sides presenting their arguments to the court. The judge will ultimately have to decide whether to reinstate the gag order and potentially modify the conditions of Trump's release. Meanwhile, Trump's social media posts and statements about the special counsel and witnesses remain a point of contention in the case.