Trump breaks silence on election case gag order at New York fraud trial.
Former President Donald Trump made a dramatic entrance into the Manhattan courtroom at 60 Centre Street on Tuesday, declaring to reporters that he was being “railroaded” in the multiple cases against him.
The day before, a federal judge in Washington, D.C., had issued an unconventional gag order, restricting who Trump can speak about.
“This is a rigged situation,” he exclaimed. “And in other trials we’re being railroaded—you saw yesterday where they take away my right to speak. I won’t be able to speak like I’m speaking to you, and I’m not saying anything wrong; I’m saying the truth.”
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In Iowa, immediately after the gag order was issued, Trump addressed his supporters and vowed to appeal the order.
“Today a judge put on a gag order. I’ll be the only politician in history that runs with a gag order where I’m not allowed to criticize people. Can you imagine this?” he exclaimed during his speech. “We’ll appeal it, and we’ll see. But it’s so unconstitutional. The good thing is we have so much support it’s incredible.”
Gag Order
The full text of the order by Judge Tanya Chutkan is as follows:
“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.”
The order, although described as “limited” and ”partial” in reports, still has broad language. However, it is narrower than what the special counsel’s office initially requested, which would have also prevented Trump from claiming the case against him is politically motivated.
The order also prohibits prosecutors from attacking Trump’s legal team, but it does not necessarily prevent them from making comments targeting Trump himself, which has already happened.
During the hearing, attorney John Lauro argued that this would be an unprecedented attempt to censor a political candidate during a campaign. Potential witnesses include outspoken critics of Trump, such as former Attorney General Bill Barr and former Vice President Mike Pence, who have access to large media platforms to continue criticizing the leading Republican candidate.
Conversely, Trump would not be allowed to defend himself against their statements.
Judge Chutkan suggested that Trump could still speak about potential witnesses, but not in relation to events related to the case. The formal order specifies that this only applies to candidates running against Trump for the Republican nomination, like Pence.
The order does not prevent Trump from criticizing the government in general, including President Joe Biden, his administration, and the Department of Justice. Judge Chutkan also clarified that Trump can still proclaim his innocence and argue that his prosecution is politically motivated.
Sanctions were mentioned as a potential penalty for violating the order during the hearing, although specific penalties and enforcement methods were not listed in the order.
The order, along with the judge’s opinion explaining her reasoning, was filed on Tuesday.
“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,” Judge Chutkan wrote in her opinion.
She pointed out that Trump’s social media posts, such as calling Barr a “slimy liar,” cast doubt on a witness in a way that prosecutors couldn’t respond to. Mr. Lauro argued that Barr would likely say he wasn’t intimidated by Trump’s remarks and would have advised against making such posts.
Judge Chutkan emphasized that Trump’s statements “pose a significant and immediate risk” of intimidating or influencing witnesses and staff, who may become targets of harassment due to Trump’s unrestricted use of social media.
She dismissed arguments that such an order would be improper during Trump’s presidential campaign, stating that “First Amendment rights must yield to the imperative of a fair trial.”
What are the arguments made by critics and supporters regarding the impact of the gag order on Trump’s right to express his opinions and influence public opinion?
Lowed to respond or defend himself publicly against any attacks or criticisms.
The gag order has raised concerns about the infringement of Trump’s freedom of speech and his ability to have a fair trial. Critics argue that it hinders his right to express his opinions and defend himself in the court of public opinion. They view the order as a way to silence Trump and prevent him from influencing public opinion in his favor.
Supporters of the gag order argue that it is necessary to ensure a fair trial and to prevent any potential interference with the judicial process. They believe that Trump’s public statements could prejudice the jury or influence potential witnesses. By imposing the gag order, they argue that the court is safeguarding the integrity of the trial.
Some legal experts have expressed concerns about the broad language of the order. They argue that it could potentially infringe on the First Amendment rights of not only Trump but also his legal team and other parties involved in the case. They highlight the importance of protecting free speech and ensuring that individuals are given the opportunity to express their views and defend themselves adequately.
It remains to be seen how the gag order will impact Trump’s legal strategy and public perception. As he continues to face multiple legal challenges, including investigations into his business dealings and the events leading up to the January 6th Capitol insurrection, the limitations imposed on his ability to speak out are likely to have significant implications for his defense.
As the legal battles continue to unfold, the issue of free speech and the right to a fair trial will remain at the forefront of the discussions surrounding Trump’s cases. The outcome of these cases will not only determine Trump’s legal fate but also have broader implications for the balance between free speech and judicial proceedings in the United States.
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