Special Counsel Jack Smith is accusing Donald Trump of violating the terms of his release regarding the former president's election-related indictment in Washington, DC. 

According to the filing, the accusation centers on a social media post made by Trump spokesman Steven Cheung. In it, Cheung claimed that Trump purchased a "Glock" while visiting a gun store in South Carolina, potentially violating the law against those under indictment buying firearms. The filing also mentions a recent post in which Trump suggested that Mark Milley, his former Joint Chiefs of Staff, be put to death for treason.

New: Special Counsel flags to US district judge Chutkan that Trump may have violated the terms of his release over the Glock stunt in South Carolina — where he said he intended to buy the gun, a violation of federal law when under indictment, and spox walked it back. pic.twitter.com/pNY6spiDyg

— Hugo Lowell (@hugolowell) September 30, 2023

All of this comes back to a request for a gag order made by Smith in prior weeks. Judge Tanya Chutkan has responded by setting a hearing date of October 16th to deal with the issue. 

JUST IN: Judge Chutkan schedules a hearing on DOJ gag order request for Trump.

Scheduled for 10am on Oct. 16. pic.twitter.com/FqpHK3uvg7

— Kyle Cheney (@kyledcheney) September 29, 2023

It does not appear that Trump actually purchased the gun in question. None of the many cameras there captured the former president filling out the required paperwork or submitting any kind of payment. That makes it likely that Cheung made the statement in an attempt to pander to supporters of the Second Amendment. When the error was realized, the post was quickly deleted. 

I'm not sure how that will affect the request for a gag order. Smith seems to be saying that even a suggestion of violating of the terms of release justifies one. Ultimately, the decision will be up to the judge. It is simply not in Trump's nature to tone things down so it's probable things will just continue to escalate.