Judge Tanya Chutkan Imposes Gag Order On Trump In 2020 Election interference Case
Judge Tanya Chutkan has imposed a gag order on former President Donald Trump barring him from attacking witnesses, prosecutors, and court staff involved in his Washington D.C. criminal case.
“This is not about whether I like the language Mr. Trump uses,” Judge Tanya Chutkan said. “This is about language that presents a danger to the administration of justice.”
“His presidential candidacy does not give him carte blanche to vilify public servants who are simply doing their jobs,” the judge added.
Trump’s attorneys opposed the gag order, claiming any court order would restrict his right to free speech and hinder his ability to campaign because the criminal prosecution and the issues it raises are intertwined with the political campaign. The move, the defense contended, was an attempt to silence the former president and Trump himself characterized the proposition as politically motivated.
"[Trump] is entitled to say that the Department of Justice is acting unlawfully," defense attorney John Lauro said. "He is entitled to even say things that are insulting to these prosecutors," claiming Trump has so far abided by the conditions of release that Chutkan enacted earlier this year. The judge laughed in response and said she would "take issue" with that contention.
"I understand that you have a message that you want to get out," Chutkan said to Lauro, "I do not need to hear any campaign rhetoric in my court," adding later, "Politics stops at this courthouse door."
Judge Chutkan’s order will require a significant shift in Trump’s behavior both online and on the campaign trail, where the criminal defendant routinely uses his platform to attack his prosecuters.
Chutkan, who herself is often the target of Trump’s attacks, warned the former president that comments he or his attorneys make could threaten the case.
“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 said Monday during the hearing.
She said she would consider “sanctions” if she observes any violations, but she did not elaborate, although she said she planned to issue a written order with further details.
The pronouncement raises the prospect that Trump could face punishment — ranging from restrictions on social media to pretrial incarceration — if he continues to attack his lead federal prosecutor, special counsel Jack Smith, and his team or witnesses likely to testify.
If Chutkan does decide to place restrictions on what the former president can say, she won’t be the first judge to do so.
In early October, the judge overseeing the ongoing New York civil fraud trial against Trump issued a gag order against the former president after he attacked a member of the court’s staff.
“Consider this statement an order forbidding all parties from posting, emailing or speaking publicly about any members of my staff,” Judge Arthur Engoron said 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,” Engoron said.