Federal Judge Reinstates Trump’s Gag Order In Election Interference Case

Topline

A limited gag order against Donald Trump in the election interference case was reinstated Sunday by the D.C. federal judge overseeing it, barring the former president from publicly attacking parties involved in the federal case.

Republican presidential candidate former U.S. President Donald Trump speaks to guests during a … [+] campaign event at the Orpheum Theater in Sioux City, Iowa.

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Key Facts

U.S. District Judge Tanya Chutkan issued the order through the District of Columbia federal court’s online docket on Sunday evening, denying Trump’s request for a stay on the order.

Chutkan issued the gag order earlier this month, but then temporarily lifted it days later, allowing the former president’s attorneys time to present their argument against it.

In her ruling Chutkan dismissed Trump’s argument that her gag order was too vague or unfairly restricted the former president’s First Amendment rights stating that the court has to balance free speech with “potential prejudice resulting from certain kinds of statements.”

The narrow gag order restricts what Trump can publicly say about DOJ Special Counsel Jack Smith, any potential witness in the case, the court and its staffers.

The order, however, does not stop Trump from criticizing the Biden administration, the Department of Justice, the residents of Washington D.C. and former Vice President Mike Pence.

The order also appeared to place no restrictions on Trump attacking Chutkan herself—something he has frequently done and continued to on Sunday in response to the latest ruling.

Chief Critic

Trump responded on Truth Social: “The Corrupt Biden Administration just took away my First Amendment Right To Free Speech.” He later posted: “I have just learned that the very Biased, Trump Hating Judge in D.C., who should have RECUSED herself due to her blatant and open loathing of your favorite President, ME, has reimposed a GAG ORDER which will put me at a disadvantage against my prosecutorial and political opponents…It illegally and unconstitutionally takes away my First Amendment Right of Free Speech, in the middle of my campaign for President.”

What To Watch For

Trump said he plans to appeal the order, adding: “It will not stand!”. The former president’s lawyers have also indicated they will ask the U.S. Circuit Court of Appeals for the D.C. Circuit to issue a stay order.

Key Background

Federal prosecutors sought a gag order against Trump in September, arguing the former president’s statement threatened to “undermine the integrity of these proceedings and prejudice the jury pool.” The prosecutors provided examples of Trump’s Truth Social posts—including those that referred to the DOJ special counsel as “deranged”—and accused him of deploying “misleading and inflammatory statements.” The prosecutors also pointed to his history of making such statements with the knowledge it “would cause others to harass and harm perceived critics or adversaries.”