Federal judge revives Donald Trump gag order in election conspiracy case days after a New York judge fined him
Trump faces gag orders in two of his pending cases: a New York trial over damages for real estate fraud and a federal case over charges he conspired to overturn the 2020 election. Trump has appealed.
WASHINGTON − A federal judge reinstated a gag order against Donald Trump to restrict his comments about court staff, prosecutors and potential witnesses before his trial on charges he tried to overturn the results of the 2020 election.
U.S. District Judge Tanya Chutkan's order late Sunday came days after a New York judge fined Trump $10,000 for a second violation of a gag order in his trial on damages for years of real-estate fraud the judge ruled he committed. The New York judge had previously fined Trump $5,000.
Sunday’s gag order was another salvo in the former president's continuing judicial skirmishes over where Trump’s free speech rights veer into possible witness intimidation as he seeks the 2024 Republican nomination while fighting a half-dozen criminal and civil cases. Trump's lawyers have appealed the federal order, but the D.C. Circuit Court of Appeals hasn't scheduled arguments in the case yet.
Trump said in post Sunday on Truth Social the Biden administration “took away my First Amendment Right To Free Speech."
Chutkan had ordered Trump on Oct. 16 not to comment about court staff, prosecutors or witnesses in her case. But she suspended the order Friday while he appeals her decision.
During the suspension, Trump used social media to blast Mark Meadows, his former White House chief of staff — and a likely witness in his trial over the 2020 election'— as a “weakling” and a “coward” who he said would probably lie on the witness stand.
Special counsel Jack Smith’s team argued that Trump's history of targeting perceived adversaries with "disparaging and inflammatory comments" poses "a grave threat to the very notion of a fair trial based on the facts and the law." Previous Trump posts the judge cited accused Smith of being "deranged" and a "thug," and suggested the former chairman of the joint chiefs of staff could be punished with "death" for alleged misconduct.
Prosecutors cited examples of people "threatened or harassed" after Trump attacks them with statements. Chutkan ruled that Trump "simply fails to acknowledge it."
"Your honor, that's totally irrelevant," Trump lawyer John Lauro told Chutkan during a hearing on the restrictions.
Chutkan cited distinctions within her order to illustrate impermissible "targeting" of people related to the trial.
In an Oct. 20 post, Trump criticized the Biden administration and called his trials "corrupt," comments Chutkan ruled were permissible. But the Meadows post on Oct. 24, when her gag order was suspended, was impermissible.
The post said any "unfavorable testimony'' by Meadows would be a ''lie,'' which Chutkan ruled could be interpreted as an attempt to influence or prevent his testimony.