The Judge presiding over Donald Trump’s election interference case in Washington, D.C., Tanya Chutkan, has issued a limited gag order preventing him from making public statements about prosecutors, court staff, and witnesses.
Trump Barred From Making Statements Targeting Prosecutors
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The federal Judge overseeing the case related to the 2020 election subversion allegations against Donald Trump in Washington has expressed concerns about Trump’s “troubling” statements, which could potentially incite harm toward the prosecution team.
Milestone Moment in Federal Case
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This order, issued by U.S. District Judge Tanya Chutkan, represents a milestone moment in the federal case, which accuses Trump of engaging in illegal actions to overturn his 2020 election defeat to Democrat Joe Biden. During the proceedings, Judge Chutkan questioned Trump’s legal team about why he should not be restricted from making public attacks on the prosecutors involved in his case.
Trump Gagged for Making “Inflammatory” Comments Related to the Case
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Smith’s legal team argued that such restrictions were necessary because Trump had made “inflammatory” public statements about various aspects and people related to the case.
Trump Called Judge Chutkan a “Radical Obama Hack” and Special Counsel Smith “Deranged.”
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Trump called the Judge a “radical Obama hack.” He’s called special counsel Jack Smith “deranged” and a “thug.” More generally, the former President has implied that the justice system is rigged and that he can’t get a fair trial.
Trump’s “Highly Charged Language” Pushes the Bounds of What a Criminal Defendant Can Say
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Chutkan challenged Lauro, Trump’s lawyer, over the former President’s public statements directed at Smith’s office, pointing out that his use of “highly charged language” stretches the limits of what a criminal defendant can publicly say about their legal case.
“In what kind of case do you think it would be appropriate for a criminal defendant to call the prosecutor a thug and stay on the streets?” Judge Chutkan asked Lauro.
Free Speech Doesn’t Extend to Language That Knowingly Invites Threats and Harassment
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She said she was “less concerned” about Trump’s statements about her. She said, “his free speech doesn’t extend to language that knowingly invites threats and harassment of people who are simply doing their jobs.”
Undermines “Public Confidence in the Court System” and Causes Witnesses to Feel “Intimidated.”
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Special counsel Jack Smith’s team expressed concerns about a deluge of disparaging remarks targeting prosecutors, the Judge, and potential witnesses. They argued that these comments posed a potential threat to eroding public trust in the judicial system and could make witnesses or potential jurors for the trial feel harassed and intimidated.
Trump’s Lawyer Says Prosecutors Seeking to “Censor” Trump
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Trump’s lawyer, John Lauro, accused prosecutors of “seeking to censor a political candidate in the middle of a campaign.”
Chutkan said, “You keep talking about censorship like the defendant has unfettered First Amendment rights. He doesn’t.”
“We’re not talking about censorship here. We’re talking restrictions to ensure there is a fair administration of justice on this case,” she added.
Trump “Does Not Have a Right to Say and Do Exactly as He Pleases.”
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The Judge shot back again, stating Trump “does not have a right to say and do exactly as he pleases.”
Trump’s defense called the gag order request unconstitutional and a “desperate effort at censorship.”
Donald J. Trump Is a Criminal Defendant Like Any Other
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Chutkan said, “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.”
Chutkan noted that any violation of her orders could result in sanctions.
The First Amendment Protects Everything That Trump Has Said, Argues Lauro
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Trump’s attorney, John Lauro, contended that virtually everything Trump has stated is shielded by the First Amendment, and he refuted any claims that Trump’s statements have contained threats. Lauro emphasized the exceptional nature of the case and accused the Biden administration of attempting to stifle Trump’s freedom of speech.
Chutkan Doesn’t Want Any Campaign Rhetoric in Her Courtroom
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Chutkan interjected and essentially requested that Lauro maintain a more restrained tone. She acknowledged his desire to convey a message but clarified that she did not want campaign-style rhetoric within her courtroom.
This Trial Is Not Going to Yield to the Election Cycle, Declares Chutkan
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Lauro proposed what he believed was the most straightforward solution – postponing the trial from March of the coming year until after the 2024 election. However, Chutkan promptly rejected the suggestion.
She said, “This trial is not going to yield to the election cycle.”
Trump Will Appeal the Gag Order, Calling It a “Witch Hunt.”
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Trump will appeal Chutkan’s order, he said in a post on his social media website Truth Social.
“WILL APPEAL THE GAG ORDER RULING. WITCH HUNT!” Trump wrote.
Trump Is Battling Oppression, Says Lauro
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Lauro strongly criticized the limitations on Trump’s capacity to discuss prosecutors, saying, “What kind of words does someone use to battle oppression?”
It’s Not the First Time Trump’s Been Gagged, and Probably Won’t Be the Last
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In early October, the Judge presiding over the ongoing New York civil fraud trial involving Trump issued a gag order against the former President in response to his statements against a court staff member.
Trump Accused Judge’s Clerk of Being “Senate Majority Leader Chuck Schumer’s Girlfriend
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“Consider this statement an order forbidding all parties from posting, emailing or speaking publicly about any members of my staff,” Judge Arthur Engoron ordered after Trump accused his clerk of being “Senate Majority Leader Chuck Schumer’s girlfriend” and calling for her to be “dismissed” on a social media post.
“Failure to Abide by This … Will Result in Serious Sanctions,”
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“Failure to abide by this … will result in serious sanctions,” Engoron said.
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