Former President Donald Trump has been subjected to a limited gag order by a federal judge, preventing him from targeting court personnel, prosecutors, and potential witnesses. U.S. District Judge Tanya Chutkan, who is overseeing Trump’s election interference case in D.C., initially issued the order earlier this month but temporarily suspended it after Trump appealed. However, the order was reinstated on Sunday after special counsel Jack Smith’s team highlighted Trump’s attacks on potential witnesses on Truth Social while the order was on hold.
Judge Chutkan justified the gag order by stating that the First Amendment rights of participants in criminal proceedings must give way to the orderly administration of justice. She emphasized that the right to a fair trial does not belong exclusively to the defendant but also to the government and the public. Chutkan specifically pointed out that one of Trump’s posts targeting former chief of staff Mark Meadows would have violated the gag order if it had been in place at the time. She described the post as an attempt to influence or prevent Meadows’ participation in the case, characterizing his potential testimony as a lie.
Prosecutors labeled Trump’s post about Meadows as an “unmistakable and threatening message” and urged Chutkan to prevent further harmful and prejudicial attacks. However, shortly after the gag order was reinstated, Trump took to Truth Social once again, this time targeting former Attorney General Bill Barr, who could potentially be a witness in the case. Trump’s derogatory remarks about Barr may face scrutiny under the reimposed gag order.
National security attorney Bradley Moss noted that Trump’s posts will now be subject to increased scrutiny due to the gag order being reinstated. Former U.S. Attorney Joyce Vance also criticized Trump’s posts about Barr and Meadows, considering them a continuing violation of the gag order.
In response to the reinstated order, Trump lashed out at Judge Chutkan, calling her a “TRUE TRUMP HATER” and accusing her of having a major case of “TRUMP DERANGEMENT SYNDROME!!!” He claimed that the gag order, which limits his First Amendment right to free speech, puts him at a disadvantage against his prosecutorial and political opponents. Trump vowed to appeal the order, arguing that it is unconstitutional and restricts his ability to campaign freely.
Despite Trump’s opposition, legal experts have supported Judge Chutkan’s decision. Former U.S. Attorney Barb McQuade stated that Chutkan is on solid legal ground and could have completely gagged Trump if she wanted to. Instead, she has allowed him to criticize President Biden, the Department of Justice, and even herself. However, Trump is prohibited from targeting parties and witnesses outside of the court.
Trump’s team is currently appealing the gag order, seeking to challenge its legality.
