Gagged! The Individuals Now Shielded by Court Orders from Trumps Tirades

William FurneyOct 23, 2023

Minute Read

Donald Trump can’t lash out anymore at some people he dislikes, thanks to gag orders imposed on the former president by civil and federal courts. But he may already be gagging to say even more.

Shock at Trump Legal Attacks

Court officials and the wider legal world have expressed shock that anyone, let alone a former commander in chief, can lash out in threatening ways against people involved in court cases against him.

Trump ‘Under Attack’

Trump and his legal team say they are compelled to speak out because the 2024 presidential nominee for the Republican Party is subject to a “witch hunt” by Democrats trying to stop him from becoming president again.

Pushing Boundaries

But Trump is not content to just accept judges’ silencing orders and stay quiet, and now has been fined $5,000 for violating one gag order — in a New York civil fraud case — with the threat of jail if it continues. A second gag order was slapped on Trump by a judge overseeing a case that alleges interference in the 2020 presidential election.

Gag Order Protection

Among the people now protected from Trump’s attacks on social media — whether on his own Truth Social platform or the X network rebranded from Twitter — are court staff and officials in the criminal election interference case overseen by Judge Tanya Chutkan.

Prosecutors Safe from Trump Ire

Special Counsel Jack Smith — who has been investigating the 2020 election case and who Trump has called a “deranged” prosecutor with “unchecked and insane aggression” is also safe from further Trump attacks, as long as the defendant abides by the order. Other prosecutors in the case are also protected from Trump’s vitriol against them.

Witnesses’ Protection

Amid fears that Trump could use social media to target witnesses in the 2020 election trial, potentially influencing their testimony, he is also under gag order not to criticize those who take the stand.

No Presidential Exemptions

Judge Chutkan said in issuing the gag order that “First Amendment protections yield to the administration of justice and to the protection of witnesses” and that Trump’s “presidential candidacy does not give him carte blanche to vilify … public servants who are simply doing their job.”

NYC Fraud Trial

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Following a rant by Trump against a senior court clerk in his New York fraud trial, Judge Arthur Engoron said the attack on court staff was “unacceptable” and imposed a gag order preventing any member of his team from being mentioned online by Trump.

Days later, the judge fined the defendant for being in breach, after the offending social media post remained online. He warned Trump that bigger fines and even a spell behind bars might be imposed if further violations of his gag order occur.

Candidacy Derailed?

Gag orders aside, Trump finds himself embroiled in a series of federal and civil cases that threaten to derail his presidential bid — should he become the Republican candidate selected by voters in primaries next January. He is the leading candidate among voters to become the GOP choice, according to successive polls that put Trump far ahead of his Republican rivals.

Classified Documents Case

Prosecutors are seeking up to 20 years in prison for Trump if he’s convicted of illegally storing top-secret files in his Mar-a-Lago resort home and sharing classified information with others. Trump is further accused of conspiring to obstruct justice with a Mar-a-Lago manager, Walt Nauta, who has also been charged in the case, which is expected to go to trial next May.

Trump Losing Business Control?

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On the civil front, Trump is fighting to retain control of his Trump Organization and its many properties. At an ongoing trial in Manhattan, New York, the former president, his adult sons and various company executives have already been found to have committed “years-long” fraud by lying about the size and value of their property holdings.

That was to get favorable loans and insurance, the court said, as it revoked some of the Trump Organization’s business licenses in the state. Prosecutors have asked for a fine of at least $250 million.

Trials’ Progression

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As the cases and trials against Trump proceed, the presidential hopeful will need to be mindful of what he says on social media, or risk further sanctions by the courts, say analysts.

Trump favors using social media to make his thoughts known, but was suspended from Twitter following a deadly attack on the US Capitol after he urged his supporters to protest there at the result of the 2020 election he maintained was “stolen” from him. He then set about creating his own social media network, and around a year later launched Truth Social.