Judge orders partial gag order barring Trump from 'public smear campaign'

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16 October 2023

U.S. District Judge Tanya Chutkan issued a partial gag order warning Donald Trump that he may not use his political campaign to conduct a “public smear campaign” against witnesses, prosecutors, or court staff or their families.

“First Amendment protections yield to the administration of justice and to the protection of witnesses,” Judge Chutkan said Monday from the bench, as Politico reports. “His presidential candidacy does not give him carte blanche to vilify … public servants who are simply doing their job.”

Chutkan also warned she will order sanctions against Trump if he violates her order, whether or not prosecutors request them.

“Judge Chutkan says with Trump’s public prejudicial statements in the 2020 election case, there is a real risk that witnesses may be intimidated. Trump cannot ‘launch a pre-trial smear campaign,’ Chutkan says, adding violations of order could lead to sua sponte sanctions,” The Guardian’s Hugo Lowell reports.

Chutkan’s order does not bar Trump from criticizing the federal government, President Joe Biden or his administration, nor does it bar him from criticizing the U.S. Dept. of Justice. It also does not bar him from claiming the prosecution of the case is politically motivated, according to Lowell.

Judge Chutkan served up some strong criticism to Trump’s attorney during Monday morning’s hearing

“Mr. Trump is a criminal defendant,” Judge Chutkan told Trump attorney John Lauro, according to Politico’s Kyle Cheney. “He is facing four felony charges. He is under the supervision of the criminal justice sytem and he must comply with the conditions of release. He does not have the right to say and do exactly as he pleases.”

She also refused to delay the trial.

“This trial will not yield to the election cycle and we will not revisit the trial date,” Chutkan declared.

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