A federal judge’s unprecedented gag order on former President Trump could have deep implications for the 2024 election, free speech, and American democracy.
Judge Tanya Chutkan’s gag order on former President Donald Trump has conjured a storm of fierce political and legal debate while raising critical questions about the future of America’s electoral process.
The ultimate impact of her order remains to be seen, but she appears to have broken new ground in regulating how presidential contenders can address widely publicized legal challenges that are likely to serve integral parts of both contenders’ and their opponents’ campaigning.
While she said President Trump could continue broadly criticizing the administration and Washington, she sought to limit his ability to criticize court personnel, special counsel Jack Smith’s team, and potential witnesses.
Issued on Oct. 17, the text of Judge Chutkan’s ruling reiterates her concern about President Trump provoking harassment of key figures involved in the case.
“Undisputed testimony cited by the government demonstrates that when Defendant has publicly attacked individuals, including on matters related to this case, those individuals are consequently threatened and harassed,” she wrote.
“Since his indictment, and even after the government filed the instant motion, Defendant has continued to make similar statements attacking individuals involved in the judicial process, including potential witnesses, prosecutors, and court staff. … Defendant has made those statements to national audiences using language communicating not merely that he believes the process to be illegitimate, but also that particular individuals involved in it are liars, or ‘thugs,’ or deserve death. …
“The court finds that such statements pose a significant and immediate risk that (1) witnesses will be intimidated or otherwise unduly influenced by the prospect of being themselves targeted for harassment or threats; and (2) attorneys, public servants, and other court staff will themselves become targets for threats and harassment.”
The order itself, however, is relatively unspecific about enforcement and at whom exactly President Trump is able to direct his criticisms.
It reads: “All interested parties in this matter, including the parties and their counsel, are prohibited from making any public statements, or directing others to make any public statements, that target (1) the Special Counsel prosecuting this case or his staff; (2) defense counsel or their staff; (3) any of this court’s staff or other supporting personnel; or (4) any reasonably foreseeable witness or the substance of their testimony.”
Judge Chutkan indicated on Oct. 16 that her order was intended to prevent President Trump from conducting a “pre-trial smear campaign” and spoiling the integrity of the trial.
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