Judge #Chutkan just said she will share the “basic contours” of her decision now & then issue a written order.
Chutkan is granting in part & denying in part the government’s request for a #GagOrder. Details are coming now. The judge said she will craft “a narrowly tailored” gag order on #Trump.
Judge #Chutkan won’t stop #Trump criticizing the residents of #Washington or on the govt broadly construed.
Trump can attack the #Biden admin or #DOJ & say that he thinks the prosecution is politically motivated. But he cannot attack #SpecialCounsel#JackSmith, his staff or family, nor can he attack #court staff or #witnesses. He can attack #Pence, except he can’t talk about Pence’s role in the events that involve this case. She didn’t say she was barring Trump from attacking her personally.
#Trump is holding 2 campaign events in #Iowa today. Accusing prosecutors of politically motivated prosecution is a frequent feature of his speeches. He has spoken less about #SpecialCounsel#JackSmith on the campaign trail, though last night called Trump called him “Leaking, Crooked & Deranged” in a post on his social network.
Judge #Chutkan did not immediately address how she will #enforce her #GagOrder. She merely said she would assess any #consequences for Trump if & when he violates it.
Judge #Chutkan’s limited #GagOrder really sought to thread the needle on balancing Trump’s #rights to #political#speech as a candidate & her own #duties to #protect the #integrity of the case in front of her. But it is likely that if she tried to hold #Trump accountable for any particular offending statements that his lawyers will fight the effort vigorously.
There are 2 ways #Trump could bring a #FirstAmendment challenge to Judge #Chutkan’s #GagOrder. He could #appeal it now, saying it is an unconstitutional prior restraint on his free speech rights in the abstract. Or, if he later says something that she decides crossed the line & she imposes a sanction, like fining him, he could appeal that punishment in the context of whatever he specifically said.
He always wanted to be king of something, & he’s certainly the king of #disinformation:
#Trump has made casting himself as the #victim of unfair prosecutions a centerpiece of his campaign message. He had been #fundraising off the potential of a #GagOrder even before it was issued. “Today really isn’t about gagging me,” he wrote in one email to supporters on Monday. “It’s an attempt to gag the American people.”
#Trump camp:
“Today’s decision is an absolute abomination & another partisan knife stuck in the heart of our Democracy by Crooked Joe Biden, who was granted the right to muzzle his political opponent, the leading candidate for Presidency in 2024,&the most popular political ldr in America, President Donald J.Trump. President Trump will cont to fight for our Constitution, the American people’s right to support him,&to keep our country free of the chains of weaponized&targeted law enforcement.”
Tha above quote was released by an unnamed spox (TFG) for the #Trump campaign re the #GagOrder.
Literally none of those things ↑ are accurate.
Same for this ↓
Trump’s campaign has now sent out a #fundraising email falsely claiming the current president is behind the order. “A GAG ORDER HAS OFFICIALLY BEEN IMPOSED ON ME AT THE REQUEST OF JOE BIDEN,” it says.
“I cannot imagine any other #criminal case in which a defendant is permitted to call the prosecutor ‘deranged’ or ‘a thug,’ & I will not permit it here simply because the defendant is running a political campaign.
“His presidential candidacy does not give him carte blanche to vilify & implicitly encourage #violence against #PublicServants who are simply doing their job.
“My review of past statements made by Mr. #Trump in particular, as well as the #evidence that they have led to #harassment & #threats for the people he has targeted, persuades me that w/o this restriction there is a real risk #witnesses may be intimidated or unduly #influenced & that other potential witnesses may be reluctant to come forward lest they be subjected the same harassment & #intimidation.
“Now, let me be clear: Mr. #Trump may still vigorously seek public support as a presidential candidate, debate policies & people related to that candidacy, criticize the current administration, & assert his belief that this prosecution is politically motivated.
“But those critical #FirstAmendment freedoms do not allow him to launch a pretrial #SmearCampaign against participating government staff, their families, & foreseeable #witnesses.
“No other #criminal defendant would be allowed to do so, & I am not going to allow it in this case.
“For the reasons discussed during this hearing, therefore, I find that these measures are consistent w/the rights secured by the 1st, 5th, & 6th Amendments, & that they are both necessary & narrowly tailored to #safeguard the integrity of these proceedings as well as to protect the #safety of the people assisting w/them.
“If any party or #counsel violates these restrictions or the other #laws or obligations by which they are bound, I will, either upon receipt of a motion or sua sponte, consider #sanctions as may be necessary. Thank you.
“We're adjourned.”
Add comment