Federal judge’s Trump gag order was a victory for democracy and 'the rule of law': analysis

Former President Donald Trump was furious when Judge Tanya Chutkan imposed a partial gag order on him in special counsel Jack Smith's 2020 election interference case. The 2024 GOP presidential frontrunner is claiming that Chutkan's decision violates his 1st Amendment rights — a claim that MAGA media pundits have been quick to echo.

But journalist Shan Wu, in an op-ed published by the Daily Beast on October 18, argues that Chutkan's ruling was the polar opposite of an attack on the U.S. Constitution. Chutkan, Wu emphasizes, has taken a stand against authoritarianism and for "the rule of law."

"Judge Chutkan's order reverberates beyond the facts and integrity of this case because Trump's defense affects far more than whether he will be found guilty or not," Wu explains. "As often noted, Trump's legal defense has become indistinguishable from his political strategy. He utilizes the criminal charges to fundraise while his lawyers make arguments in court that echo his claims that the entire prosecution is a political persecution, albeit minus the suggested death threats."

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Wu continues, "For Trump — and the authoritarian dictators he appears to admire — law is dictated by political power. Whoever is in charge gets to say what is legal and what is illegal. Political enemies are made into criminals while criminals get a pass if they are political allies. As historian Heather Cox Richardson writes about today's Republican Party, 'its extremist leaders no longer believe that the rules apply to them.'"

Wu points out that Chutkan's partial gag order is "simple and clear about what Trump can and cannot do."

"Trump can engage in political speech for his campaign, including criticizing former VP (Mike) Pence's policies; criticize the government generally, including the U.S. Justice Department and the current administration; assert his prosecution is politically motivated; and assert that he is innocent," Wu observes. "Trump cannot target the special counsel or his staff, the court’s staff and support personnel, or any other 'reasonably foreseeable witness or the substance of their testimony.'"

READ MORE: How Jack Smith ordered Trump to 'put up or shut up': legal expert

Read Shan Wu's full Daily Beast op-ed at this link (subscription required).