U.S. District Judge Tanya Chutkan has officially placed a partial gag order on former President Donald Trump that prohibited him from lashing out at those involved in his 2020 election interference case via Media Ite.
It is noted that Chutkan held a hearing on Monday with Trump’s defense team and prosecutors working for Special Counsel Jack Smith. The hearing was to decide whether Trump’s speech should be restricted before he goes on trial in March 2024 for his alleged conspiracy to overturn his loss to President Joe Biden.
Trump and his team claimed that a gag order would violate his free speech rights and Smith’s team pursued it by arguing Trump’s charged, violent rhetoric could undermine the case by tainting the jury pool and fomenting threats against the case’s key actors.
Chutkan’s order prohibits Trump from personally targeting Smith, Smith’s prosecutorial team, court staff, and possible witnesses. The Associated Press notes, however, that “there would be no restrictions on statements criticizing the Justice Department generally or statements about Trump’s belief that the case is politically motivated.” Chutkan remains a permissible target for Trump’s public ire.
In her decision, Chutkan noted that “No other criminal defendant would be allowed” to go on a “pre-trial smear campaign” against those involved with it.
“I’m not to going to allow it in this case,” she added.
CBS’ Scott MacFarlane, Politico’s Kyle Cheney, and NBC News’ Ryan J. Reilly live-tweeted the hearing in Washington, flagging several of the most interesting moments that occurred throughout.
These moments included Chutkan pressing Trump attorney John Lauro on the former president calling Smith a “thug,” disparaging Washinton as a “filthy crime-ridden embarrassment,” and also Trump’s insinuation that General Mark Milley deserves to be executed.
This not about whether I like the language Mr. Trump uses. It’s about language that presents a danger to the administration of justice,” said Chutkan. The judge also chastised Lauro for basing his arguments on Trump’s campaign rhetoric, telling him his client “does not have a right to say and do exactly as he pleases.”
“You keep talking about censorship like the defendant has unfettered First Amendment rights. He doesn’t,” Chutkan said. “We’re not talking about censorship here. We’re talking restrictions to ensure there is a fair administration of justice on this case.”
