A federal judge placed a gag order on former President Donald Trump on Tuesday that also bars him from “directing others” to make statements prohibited by the order.
District Court Judge Tanya Chutkan, an Obama appointee, issued the written gag order after she partially granted the Department of Justice’s (DOJ) proposed order on Monday from the bench. The order prevents Trump from making public statements targeting Special Counsel Jack Smith or his staff, the defense counsel or their staff, court staff, and “any reasonably foreseeable witness or the substance of their testimony” in his 2020 election case.
Additionally, the order blocks Trump from “directing others to make any public statements” that fall into any of the prohibited categories.
“The defense’s position that no limits may be placed on Defendant’s speech because he is engaged in a political campaign is untenable, and the cases it cites do not so hold,” Chutkan wrote in the opinion.
“The bottom line is that equal justice under the law requires the equal treatment of criminal defendants,” she continued. “Defendant’s presidential candidacy cannot excuse statements that would otherwise intolerably jeopardize these proceedings.”
Here’s the kicker in gag order. It applies to what Jack Smith called “surrogates” in his proposed order. This in effect gags Trump’s campaign spokesmen, advisors, and anyone DOJ/Chutkan views as “others” tied to Trump.
NOT a limited gag order—a contempt trap for Team Trump. pic.twitter.com/JnsLzFxz9e
— Julie Kelly
(@julie_kelly2) October 17, 2023
Statements referring to individuals involved in the case as “thugs” or deserving of death — which Trump has made before — pose “a significant and immediate risk,” Chutkan wrote.
Chutkan clarified that the order “shall not be construed to prohibit Defendant from making statements criticizing the government generally.”
This includes the statements about the Biden administration and the Department of Justice, as well as statements claiming innocence of charges, alleging politically motivated prosecution, or criticizing “the campaign platforms or policies of Defendant’s current political rivals, such as former Vice President Pence.”
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