Former US President Donald Trump will not be allowed to criticize the special counsel, the court, or any of their staff members or families, Judge Tanya Chutkan announced on Monday. The gag order also applies to any witnesses and the substance of their testimony.
Chutkan stopped short of banning Trump from criticizing the US Department of Justice, President Joe Biden, or the fact that the trial is taking place in the District of Columbia, over 90% of which voted for the Democrats in 2020.
“This is not about whether or not I like the language Mr. Trump uses. This is about language that presents a danger to the administration of justice,” Chutkan said, justifying the ruling which granted the government a partial gag order.
Trump can assert his belief that the prosecution is politically motivated, but can’t engage in “smear campaigns” against participants in the case, Chutkan reportedly said.
Special counsel Jack Smith sought to silence the 45th president, arguing that his public remarks intimidated witnesses and threatened the safety of the prosecutorial staff. Chutkan agreed that Trump will not be allowed to call prosecutors “deranged” or “thugs,” or “vilify or incite violence against public officials.”
Trump is being tried on federal conspiracy charges, related to his alleged attempts to overturn the 2020 election. The 45th president has argued that the case is politically motivated and designed to remove him from running in 2024, and that a gag order would violate his First Amendment rights to freedom of expression.
“A Leaking, Crooked and Deranged Prosecutor, Jack Smith, who has a terrible record of failure, is asking a highly partisan Obama appointed Judge, Tanya Chutkan… to silence me,” Trump posted on Monday morning on his own platform, Truth Social.
He accused Smith and Chutkan of wanting “to cheat and interfere” in the 2024 presidential and of “destroying our Country” with “strictly Banana Republic kind of stuff.”
“Let's see what happens on Monday in Judge Chutkan's courtroom. Will America survive, or not?” he concluded.
Trump is the first-ever US president to face a federal indictment. He is also being sued in New York, by both the city and the state. He has dismissed all of the charges against him as a politically motivated “witch hunt” designed to sabotage his 2024 chances, given that he is the leading contender for the Republican presidential nomination.
Earlier this month, a New York judge also issued a gag order against “personal attacks on members of my court staff,” after Trump criticized one of the people involved over her alleged relationship with a top Democrat.