Trump will not be legally allowed to speak about many things related to the case.
This means the former president will not be legally permitted to make remarks about his case in regards to special counsel Jack Smith, nor court staff or others in the case, including even the prosecution.
"This is not about whether I like the language Mr. Trump uses. This is about language that presents a danger to the administration of justice," Chutkan said as she revealed her decision from the bench, according to NPR. The judge also argued that Trump's presidential run does not give him the right to threaten or vilify "public servants simply doing their job."
Trump's lawyers have previously argued the move is a violation of his First Amendment rights, and that it runs "contrary to established law."
"The Biden administration is seeking to censor a political candidate in the middle of a campaign," commented Trump attorney John Lauro.
Chutkan, the judge who issued the gag order, was appointed to the US District Court by Barack Obama in 2014 after she had sent about $4,300 to his campaign and victory fund between the 2008 and 2012 elections.
She has overseen many cases related to the riot at the US Capitol on Jan. 6, 2021. In 38 of the cases she has tried regarding the event, every single one ended with a conviction, with 19 sentences either matching or going further than what was recommended by the Department of Justice.
In a Department of Justice request for the gag order, the prosecution argued against the Trump defense claims of First Amendment violations, arguing, "that right only attaches to materials in criminal cases for which “(i)
there is an ‘unbroken, uncontradicted history’ of openness, and (ii) public access plays a significant positive role in the functioning” of the material."
It additionally argued that "the court need not decide whether the First Amendment applies here," because the government has already "met its burden to justify the redactions."
Show Public Doc by Libby Emmons
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