The federal judge overseeing Donald Trump’s interference in the 2020 election in Washington has agreed to temporarily lift her narrow gag order. This ruling allows Trump’s lawyers to present arguments as to why his comments should not be restricted leading up to the trial.
U.S. District Judge Tanya Chutkan has decided to temporarily suspend the gag order while she reviews Trump’s request to speak freely about the case while challenging the imposed limitations in higher courts.
The gag order, issued by Judge Chutkan on Monday, prohibited Trump from making public statements that target prosecutors, court staff, and potential witnesses. This restriction marks a significant limitation on Trump’s inflammatory dialogue, which has played a prominent role in his campaign to regain the presidency.
Trump’s legal team has quickly appealed the ruling to the D.C. Circuit Court, arguing that the gag order should be lifted during the legal challenges. They claim the restrictions are “egregious and intolerable” and assert that neither the judge nor the prosecutors have justified the order adequately. They also emphasize that Trump has not unlawfully threatened or harassed anyone.
“By limiting President Trump’s speech, the Gag Order deprives his audiences, including millions of American citizens, of the opportunity to hear his thoughts on important matters,” the defense stated.
Judge Chutkan has instructed special counsel Jack Smith’s team to submit any opposition to Trump’s request for a longer pause on the gag order pending appeal by Wednesday.
In her ruling, Judge Chutkan clarified that Trump is permitted to criticize the Justice Department generally, assert claims of innocence, and argue that the case against him is politically motivated. However, she drew the line at statements smearing prosecutors and potential witnesses, as they could incite Trump’s supporters to threaten or harass them.
In his rallies and social media posts, Trump has consistently attempted to vilify Smith and others, positioning himself as a victim of a politicized justice system that is working against him.
Trump has vehemently declared the order to be unconstitutional, capitalizing on it to reinforce his claims of political persecution. He has denied any wrongdoing in the case that charges him with illegally plotting to overturn his 2020 election loss to Democrat Joe Biden.
This marks the second gag order imposed on Trump within the past month. The judge overseeing Trump’s civil fraud trial in New York also issued a more limited gag order that prohibits personal attacks against court personnel after Trump’s social media post disparaged the judge’s principal clerk.
Trump was fined $5,000 on Friday due to his disparaging post remaining on his campaign website for several weeks after the judge ordered its removal. Judge Arthur Engoron refrained from holding Trump in contempt at this time but reserved the option to do so in the future, including the possibility of jail time, if Trump violates the limited gag order again.
Trump’s lawyers also responded to prosecutors’ request for measures to safeguard prospective jurors’ identities. Prosecutors expressed concern about what Trump might do with information about potential jurors, highlighting his use of social media as a tool of intimidation in court proceedings.
In their court filing, Trump’s lawyers stated that he has “no intention” of publicizing the names or other details of jurors. They firmly objected to any insinuation that the jurors could face harm as a result of their participation in Trump’s trial.
“Any such comments made in front of the jury would be highly prejudicial and would warrant an immediate mistrial,” Trump’s legal team asserted.
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Richer reported from Boston.
