President Donald Trump has emerged as the latest opponent in a request by Jack Smith—the attorney representing United States Capitol Police Officer Brian Sicknick—for a more narrowly focused gag order on parties in the investigation of the January 6 insurrection at the Capitol in Washington, D.C.
Officer Sicknick and two other officers were killed in the melee as protesters breached the Capitol and clashed with law enforcement. Smith alleges that prosecutors have been lax in investigating and prosecuting the rioters.
In a motion filed Wednesday, Smith argued that prosecutors should not be able to share information broadly with defense attorneys, who could use it to press for dismissal of their own clients’ cases.
In response, Trump and attorney Marc Mukasey argued in a filing Thursday that Smith’s proposed order is overly broad and would prevent them from speaking out.
Trump wrote in the filing that it is his “constitutional right to speak out on matters of public interest — which includes offering opinions on what happened at the Capitol on January 6th and how it should be investigated.”
The motion also pointed out that Trump had previously spoken out on the case publicly, noting that the former president had called the investigation “totally one-sided” and said the attack was “maximally overcharged.”
It is currently unclear how the court will respond to the motion. However, it appears that Trump’s response is a sign that he could be preparing to act as an advocate for those charged in the Capitol insurrection, fueling further speculation that the former president may be planning to launch a political comeback in the near future.
