A limited gag order has been placed on former President Donald Trump by the federal judge overseeing his impending trial on charges of trying to subvert the 2020 election outcome via the Jan. 6 insurrection.
The court felt the need to censor Trump because of his repeated attack on people connected to the case, including court officials, special counsel Jack Smith, and members of the judge’s staff.
U.S. District Judge Tanya Chutkan issued the gag order on Monday, Oct. 16, saying this has nothing to do with the vileness of what the former reality star says but rather that his comments could potentially impede justice from being served.
“This is not about whether I like the language Mr. Trump uses. This is about language that presents a danger to the administration of justice,” Chutkan said, CNN reported.
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With this order, Trump is restricted from taking to his social media or speaking about special counsel Jack Smith, his staff, court personnel, and/or potential witnesses.
Smith, who is representing the Justice Department, requested the gag order in September because of Trump’s repeated inflammatory public statements about the case.
Taking note of the former president’s history of pushing the limits of the law, he asked if the order could be “narrowly tailored” in a fashion where Trump would not put out “extrajudicial statements that present a serious and substantial danger of materially prejudicing this case.”
He cited the multiple times Trump has tweeted or made public statements about the 2020 election that targeted people who disagreed with him or aimed to hold him accountable for the alleged crime of election interference.
“The defendant knows that when he publicly attacks individuals and institutions, he inspires others to perpetrate threats and harassment against his targets,” prosecutors said in court documents, CBS reported.
Smith told the court comments are a way “to prejudice the public and the venire (the jury pool/ public) in advance of trial.”
His concerns are rooted in very real instances, as the former president has publicly attacked Chutkan herself.
Chutkan also has concerns about him just being disrespectful to federal employees working on the case. Trump’s legal team countered, arguing that there are rights that he has because he was the head of the country.
“His presidential candidacy does not give him carte blanche to vilify public servants who are simply doing their jobs,” she added.
In debate over gag order for Trump before Judge Chutkan this AM, Trump's lawyer is LITERALLY arguing since Trump is a presidential candidate he can NOT have any limits on what he says! Trump's lawyer argues Trump is above the law. Time to treat Trump like any other criminal!
— (((DeanObeidallah))) (@DeanObeidallah) October 16, 2023
The judge did not go as far as to call him a criminal but noted he has criminal charges leveled against him.
“Mr. Trump is a criminal defendant. He is facing four felony charges. He is under the supervision of the criminal justice system, and he must follow his conditions of release,” the judge said at the hearing regarding the gag order.
“He does not have the right to say and do exactly what he pleases. Do you agree with that?” she asked John Lauro, who represents Trump.
“100%,” Lauro responded.
The judge was clear to Lauro and the court that if Trump violates the orders, he will face severe penalties or sanctions.
While the gag order does not place limitations on disparaging or negative remarks concerning Washington, D.C., where the jury will be convened, or specific comments about the Justice Department as a whole, many believe it will be a challenge for the brash New Yorker to oblige.
“How long before Trump violates the gag order?” one person asked.
How long before Trump violates the gag order?
— S. Chad Enfreude (@Hells_Cowboy) October 16, 2023
Oh no, Trump can't threaten or harass people in his trial, that's going to cause people not to vote for him. Really? Are you being serious right now? If anything this gag order would help him.
— Over Dark (@PlaysGames61856) October 16, 2023
In October, the New York judge, Arthur Engoron, in Trump’s civil fraud trial, issued a gag order against Trump due to his attack on a member of the judge’s staff.
