Ex-Senate Intel Staffer Facing Charges Seeks Gag Order Against Trump

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The former Senate Intelligence committee official charged with lying to FBI agents probing media leaks is seeking a gag order prohibiting President Trump, the Justice Department and other parties involved in the case from publicly opining on the allegations.

A court document filed by attorneys for James Wolfe — who, until recently, served as Senate Intel’s director of security — pointed to comments made by Trump after the Justice Department announced the charges it was bringing against the one-time staffer.

Wolfe has not been charged with leaking classified information — only with making false statements to the FBI, some of which concerning whether he disclosed nonpublic information to reporters.

Wolfe’s attorneys took issue with Trump remarks in which he said that the Justice Department “caught a leaker” and that, “You cannot leak classified information.”

Wolfe’s attorneys also pointed to statement from John Demers, a top national security official at the Justice Department, when the charges were announced that said that Wolfe’s alleged false statements “concern the unauthorized disclosure of sensitive and confidential information.”

“Mr. Wolfe’s Sixth Amendment right to an impartial jury and the presumption of innocence have been jeopardized by presidential comments about the merits of the case (“caught a leaker”) and highly prejudicial insinuations – straying far from the language and substance of the Indictment and echoed by the Justice Department – that Mr. Wolfe leaked classified information,” the  court filing said.

Wolfe’s attorneys said the “narrow” gag order was necessary, because, “Absent relief from this Court, there is no reason to expect that President Trump will cease making public statements about Mr. Wolfe and this case.”

The proposed order Wolfe’s attorneys offer U.S. District Judge Ketanji Brown Jackson refers explicitly to the President:

After Wolfe’s attorneys filed the proposal,  Jackson issued an order requesting that Wolfe’s attorneys and the Justice Department present to her by Monday a briefing schedule for the proposed gag order,

Read Wolfe’s attorneys motion below:

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