The Justice Department has expressed concerns about former President Donald Trump’s social media posts potentially influencing the jury pool in the criminal case charging him with scheming to overturn the results of the 2020 presidential election. Special counsel Jack Smith warned that Trump’s daily statements risk tainting the jury pool in Washington. Trump’s provocative comments about Smith’s team and U.S. District Judge Tanya Chutkan, who is presiding over the case, have been a central issue since the indictment was filed last month.
Prosecutors have repeatedly signaled their concerns about the impact of Trump’s social media posts, and Judge Chutkan has explicitly warned Trump against making inflammatory remarks that could intimidate witnesses or contaminate potential jurors. Despite these warnings, Trump continued to post on social media, including circulating a New York Post story about Judge Chutkan on his Truth Social platform and openly mocking the idea of her fairness in his case.
The latest complaint from the Justice Department highlights the extent to which Trump’s social media attacks are testing the patience of prosecutors and potentially exposing him to sanctions from the judge. Last week, Judge Chutkan set a trial date of March 4, 2024, in an effort to keep the case moving forward.
This is not the first time Trump has faced warnings regarding his social media posts. In a separate prosecution in Atlanta, a condition of his release was that he refrains from intimidating co-defendants, witnesses, or victims in the case.
The issue of Trump’s social media posts arose again in a dispute over a filing that the Justice Department sought to make under seal, which it suggested concerned sensitive information. Defense lawyers objected, arguing that they were entitled to time to review the filings and any proposed sealed exhibits. Prosecutors argued that it would be untenable for the court to take several weeks to decide on every ordinary filing that refers to sensitive materials.
Judge Chutkan agreed with the Trump team that they should have time to respond to the Justice Department’s filings and set deadlines for next week.
In addition to the federal election subversion case, Trump faces three other prosecutions. He is charged with 18 others in a state case in Atlanta for plotting to overturn the results of the 2020 election in Georgia. He also faces federal charges from Special Counsel Jack Smith accusing him of illegally hoarding classified documents. Furthermore, he is accused in New York of falsifying business records in connection with a hush money payment to a porn actor.
