Trump wants freedom to use Jack Smith's evidence in campaign trail speeches: legal filing

Donald Trump is planning to use special counsel Jack Smith's evidence in election interference case against him as a tool to win the 2024 election, the former president's legal team suggested in a filing Monday.

The filing was in response to special counsel Jack Smith’s request for a protective order in the Jan. 6 election conspiracy case that would restrict what information can be publicly shared, and what can be said about the case.

The request was made after Trump posted on his Truth Social platform Friday: "IF YOU GO AFTER ME, I’M COMING AFTER YOU!"

But Trump’s attorneys argued that under the protective order prosecutors sought, Judge Tanya Chutkan would effectively be acting as a “censor” on the former president’s “political speech.”

“Against this backdrop, the government requests the Court assume the role of censor and impose content-based regulations on President Trump’s political speech that would forbid him from publicly discussing or disclosing all non-public documents produced by the government, including both purportedly sensitive materials,” Trump’s lawyers wrote in court filings.

Trump’s attorneys argue that “this untargeted method” has First Amendment implications.

“Thus, to the extent the government seeks to restrain President Trump’s ability to speak about documents it produces, it must demonstrate…a compelling reason for the restraint and … that no narrower alternative is available."