Trump Gets Partial Gag Order Limiting Speech During DC Trial, Judge Rules

A federal judge on Monday imposed new limitations on President Donald Trump's speech regarding his criminal case tied to trying to overturn the 2020 election following a contentious hearing Monday.

U.S. District Court Judge Tanya Chutkan, who is presiding over the case, imposed an order restricting aspects of Trump's speech following a two-hour proceeding at the E. Barrett Prettyman Federal Courthouse in Washington. The limits cover statements about Special Counsel Jack Smith, the federal court and staff, as well as possible witnesses in the trial scheduled for March.

"His presidential candidacy does not give him carte balance to vilify...public servants who are simply doing their job," Chutkan said as she delivered her decision from the bench.

Throughout the hearing, Chutkan and Trump defense attorney John Lauro clashed over whether limitations on Trump's speech would infringe on his First Amendment rights during a presidential campaign.

“This is not about whether or not I like the language Mr. Trump uses," Chutkan said as she issued the order. "This is about language that presents a danger to the administration of justice.”

Although the hearing centered on remarks made by the former president, the limitations Chutkan imposed apply to all parties to the case, not just Trump. If anyone violates the restrictions, Chutkan said, she would "consider sanctions as may be necessary."

Chutkan said she would formalize the decision she described from the bench in a forthcoming written order.

Prosecutors had requested the "narrow" gag order in a motion last month, pointing to potential threats to the safety of court officers and the judicial process posed by his past incendiary public statements. The former president's legal team countered in court filings that the proposal would limit the free speech rights of the GOP's 2024 presidential frontrunner during key months of his campaign.

At the start of Monday's proceedings, Chutkan noted that Trump's speech is already limited by his pre-trial release conditions, which prohibit him from violating state or federal laws — including laws regarding witness intimidation. Trump was also already prohibited from discussing aspects of the case with potential witnesses.

Special Counsel's Office prosecutor Molly Gaston argued that the proposed motion would limit only Trump's speech that could affect the integrity of the case.

"We have no interest in stopping the defendant from running for office or protecting his reputation, nor does our motion seek to do that," Gaston said.

Lauro countered by arguing that Trump's First Amendment rights to speak freely must not be limited during his presidential campaign.

"All of the issues are inextricably intertwined with campaign issues," Lauro argued. "Mr. Trump is allowed to say things like this is a politically motivated prosecution...He’s entitled to speak truth to oppression."

The hearing was punctuated by several sharp exchanges between Chutkan and Lauro.

"What you have put in place, respectfully, is working," Lauro said at one point, noting the existing pre-trial release limitations on Trump's speech. Chutkan responded to the remark by laughing.

Chutkan questioned Lauro about a social media post by Trump in August calling Washington, D.C., the venue for the case, a "filthy and crime ridden embarrassment to our nation.”

Lauro said that the condition of Washington, D.C. is a topic that a presidential candidate should be able to address.

"So now we’re going to have a court directing how a presidential campaign can talk about issues during a campaign," he said.

Chutkan pressed Gaston to define the scope of the narrow gag order requested by prosecutors with regard to name-calling against President Joe Biden and the Department of Justice. The former president has repeatedly attacked his prosecution as politically motivated, referring to the Justice Department as the "Department of Injustice" and calling Biden "crooked" on social media.

"He can criticize President Biden to his heart’s content, your honor, because President Biden has nothing to do with this case," Gaston said.

Chutkan also asked Lauro about Trump's posts referring to Special Jack Smith as "deranged" and a "thug." Lauro responded that Trump is "entitled to respond to" to a prosecution he believes to be unjust.

At several points in the hearing, Chutkan asked Lauro to tone down the tenor of his rhetoric. At one point, as Lauro voiced concerns that Trump's free speech was being threatened, Chutkan noted that Trump was in Iowa campaigning while the judge and attorneys argued. "Please, Mr. Lauro, let's tone this down a bit," she said.

“I do not need to hear any campaign rhetoric in my court," Chutkan told Lauro at another point.

Questioning Lauro about Trump's statements regarding court personnel, Chutkan said she was "deeply disturbed" by an episode earlier this month in Trump's New York civil fraud trial in which Trump made a social media post naming and threatening a law clerk. "I want the parties' position on why I shouldn't issue a similar order" in this case, she said.

Repeatedly throughout the proceedings, Lauro noted that Trump's prosecution on federal charges while he campaigns to return to the White House is without precedent, and argued that Trump's free speech rights should not be further limited.

"It's not a law school exercise, your honor," he said. "This is a massive can of worms."

In a statement released after Monday's hearing, the Trump campaign called the decision "an absolute abomination and 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 the Presidency in 2024, and the most popular political leader in America, President Donald J. Trump."

"President Trump will continue to fight for our Constitution, the American people's right to support him, and to keep our country free of the chains of weaponized and targeted law enforcement," the statement continued.

Trump is charged with four federal felonies in the case alleging he obstructed the 2020 presidential election and has pleaded not guilty to all charges. His trial is scheduled to begin on March 4, the day before Super Tuesday when 14 states vote including California, Colorado, North Carolina, Texas and Virginia.