Judge Chutkan imposes gag order on Trump, deems his remarks a serious court threat.
OAN’s Daniel Baldwin
10:23 AM – Tuesday, October 17, 2023
A DC federal judge has officially issued a gag order against former President Donald Trump on Tuesday morning.
“This court has found that even amidst his political campaign, Defendant’s statements pose sufficiently grave threats to the integrity of these proceedings that cannot be addressed by alternative means, and it has tailored its order to meet the force of those threats,” Judge Chutkan wrote.
Chutkan, an Obama appointee, granted a gag order on Trump Monday that prohibited him from levying attacks on Special Counsel Jack Smith, Smith’s staff, Chutkan’s staff, and “any reasonably foreseeable witness.”
“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,” Chutkan wrote.
Chutkan brought up numerous Truth Social posts made by Trump in the hearing on Monday, specifically citing how Trump repeatedly referred to Smith as “deranged” and called his staff “thugs.”
“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,” Chutkan wrote. “And (2) attorneys, public servants, and other court staff will themselves become targets for threats and harassment. And that risk is largely irreversible in the age of the Internet; once an individual is publicly targeted, even revoking the offending statement may not abate the subsequent threats, harassment, or other intimidating effects during the pretrial as well as trial stages of this case.”
Counsel for the National Legal and Policy Center Paul Kamenar strongly criticized Chutkan’s decision shortly after the hearing.
“These are the facts of the case,” Kamenar told One America News. “It’s a political campaign, and Trump should not be muzzled and nor should the people at his rallies be barred from hearing what he has to say about this political persecution.”
Chutkan denied Smith’s request to bar Trump from “criticizing the government generally.” Specifically, Chutkan ruled that Trump may continue to call President Joe Biden “crooked” and label his current legal cases as “politically motivated.” Chutkan noted that Trump may criticize “the campaign platforms or policies” of his current political rivals.
A Trump spokesperson called the gag order an “absolute abomination” shortly after the hearing Monday. Trump briefly reacted to the news when speaking in Iowa Monday.
“What they don’t understand is that I am willing to go to jail if that’s what it takes for our country to win and become a democracy again,” Trump said.
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What is the purpose of the gag order imposed on Trump in relation to his ongoing legal battles?
King at a rally later in the day, stating, “This is a clear violation of my First Amendment rights. They want to silence me because they know I speak the truth.”
This gag order comes in the midst of ongoing legal battles for Trump, particularly in relation to allegations of election interference. The order aims to prevent Trump from making statements that could potentially intimidate or harass witnesses, attorneys, and court staff involved in the proceedings.
Judge Chutkan emphasized the significant and immediate risks posed by Trump’s previous public attacks on individuals involved in the case. The judge cited the potential for witness intimidation and harassment, as well as threats towards attorneys and court staff. Chutkan noted that in the digital age, once an individual is publicly targeted, simply revoking the offending statement may not be enough to abate the subsequent threats or intimidating effects.
While the gag order restricts Trump from levying attacks specifically against Special Counsel Jack Smith, Smith’s staff, Chutkan’s staff, and ”any reasonably foreseeable witness,” Chutkan ruled that Trump may continue to criticize the government in general and his current political rivals. This allows Trump to continue calling President Joe Biden “crooked” and label his legal cases as “politically motivated.”
However, Trump’s counsel strongly criticized the gag order, arguing that it infringes on his First Amendment rights and restricts his ability to communicate with his supporters. Critics of the gag order argue that it stifles free speech and limits public access to Trump’s viewpoints on the ongoing legal proceedings.
Supporters of the gag order argue that it is necessary to ensure a fair trial and protect the integrity of the proceedings. They contend that Trump’s statements pose a threat to the impartiality of the trial and could potentially influence witnesses and intimidate those involved in the case.
The issuance of this gag order raises important questions about the balance between free speech rights and the need for a fair trial. It highlights the challenges faced by courts in the age of social media and the potential impact of public statements on legal proceedings.
The legal battle surrounding Trump’s alleged election interference continues, and the implications of this gag order will undoubtedly be closely watched by observers on both sides of the political spectrum.
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