Jack Smith said Trump's 'daily' antagonistic social media posts pose a threat to the jury pool

Special counsel Jack Smith speaks to reporters Friday, June 9, 2023, in Washington. Former President Donald Trump is facing 37 felony charges related to the mishandling of classified documents according to an indictment unsealed on Friday.

AP Photo/Jose Luis Magana

• After his indictment in Washington, DC, Trump has gone after the judge and prosecutor online.
• Special Counsel Jack Smith said Tuesday that Trump's online posts could "prejudice the jury pool."
• Prosecutors have repeatedly warned the judge about them, which she said she is "watching carefully."

Special Counsel Jack Smith said in a court filing that former President Donald Trump's repeated social media posts could potentially harm the jury pool in his elections-related case.

After the Department of Justice requested to file a motion in its Washington, DC-based case against Trump under seal with a redacted copy placed on the docket, Trump's counsel said they needed ample time to go over the materials before they reached the public docket.

In response, Smith wrote that "such a requirement would grind litigation in this case to a halt, which is particularly infeasible given the pressing matters before the Court." He added that the urgent matters specifically included Trump's "daily extrajudicial statements" that he said could potentially "prejudice the jury pool." 

Smith's filing wasn't the first time prosecutors have cautioned about Trump's social media posts potentially affecting the jury pool. In late August, Assistant US Attorney Molly Gaston argued similarly while appearing at a court hearing where Chutkan ultimately concluded by saying she was "watching carefully for anything that might poison that jury pool."

Soon after he was indicted by a federal grand jury in Washington, DC,  in August, Trump took to his social media platform, Truth Social, to repeatedly go after Judge Tanya Chutkan and Smith. On Tuesday alone, Trump used his platform to call Smith "deranged" and sarcastically say that he's "sure" Chutkan will be "very fair."

In Trump's Washington, DC-based indictment, the DOJ alleges the former president broke the law while attempting to prevent Congress from certifying the 2020 presidential election in favor of President Joe Biden. The indictment is one of five he's received in 2023 alone, amounting to 91 total felony charges altogether. 

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