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Since special counsel Jack Smith’s office sought a gag order against Donald Trump in the pending federal election interference case, it’s been a bit of a roller coaster for the former president. Two weeks ago, for example, U.S. District Judge Tanya Chutkan agreed to impose a partial gag order against the Republican. Soon after, the jurist temporarily paused her order while the defendant’s lawyers pursued an appeal.
Last week, Trump used his social media platform to go after Mark Meadows, his former White House chief of staff, and suggest that those who agree to cooperate with prosecutors should be seen as “weaklings and cowards.” The special counsel’s office, naturally, noticed the Republican’s rhetoric and prepared a new court filing, arguing that Trump targeted “a known witness in this case in an attempt to influence and intimidate him.”
Smith’s team requested that the gag order be reimposed to “protect the integrity of the trial and the jury pool” from being influenced by Trump’s statements about the case. On Sunday evening, as NBC News reported, Chutkan agreed.
A gag order in the federal election interference case against former President Donald Trump was back in effect Sunday after the presiding judge ended her pause on the order. ... The order prohibits Trump from making statements about potential witnesses or disparaging comments about the prosecutors, court staff or support personnel.
Not surprisingly, the criminal defendant did not respond well to the developments. Again using his social media platform, Trump insisted that the Biden administration “just took away my First Amendment Right To Free Speech.” (The Biden administration has no meaningful role in this case.)
Shortly after midnight, the former president published a related missive, lashing out at the judge, and concluding, “How can they tell the leading candidate that he, and only he, is seriously restricted from campaigning in a free and open manner? It will not stand!”
Trump’s whining wasn’t surprising, but it was misleading. Indeed, when Chutkan approved her initial gag order a couple of weeks ago, she explained the relevant details that Trump continues to obscure.
“My review of past statements made by Mr. Trump in particular, as well as the evidence that they have led to harassment and threats for the people he has targeted, persuades me that without this restriction there is a real risk that witnesses may be intimidated or unduly influenced and that other potential witnesses may be reluctant to come forward lest they be subjected to the same harassment and intimidation,” Chutkan explained in court.
She added, “Now, let me be clear: Mr. Trump may still vigorously seek public support as a presidential candidate, debate policies and people related to that candidacy, criticize the current administration, and assert his belief that this prosecution is politically motivated. But those critical First Amendment freedoms do not allow him to launch a pre-trial smear campaign against participating government staff, their families, and foreseeable witnesses. No other criminal defendant would be allowed to do so, and I am not going to allow it in this case.”
What’s less clear is how the judge might respond if Trump decides to test her patience. About an hour after Chutkan issued her court order, for example, the former president wrote an online message in which he slammed former Attorney General Bill Barr as “Dumb, Weak, Slow Moving, Lethargic, Gutless, and Lazy,” “a RINO WHO COULDN’T DO THE JOB,” a “Moron,” and “a LOSER.”
Ordinarily, this wouldn’t be especially notable. After all, the former president has publicly condemned his former attorney general plenty of times before. But in the federal election interference case, Barr is potentially a key witness, and Trump’s latest harangue was released after the gag order was reimposed.
Watch this space.
This post updates our related earlier coverage.