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Will Donald Trump face a gag order? Judge says former president doesn't have the right to say 'what he pleases'

District Judge Tanya Chutkan is done with Donald Trump and his critiquing posts and comments. The judge stated “he can't say what he pleases”

Published on: Oct 16, 2023, 21:35:05 IST
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A federal judge has been considering whether to issue a gag order against former U.S. president Donald Trump, since the hearing in Washington DC on Monday.

“This is about the participants, the witnesses, in this trial," said prosecutor Molly Gaston on Donald receiving a potential gag order for attacking witnesses and judges.
“This is about the participants, the witnesses, in this trial," said prosecutor Molly Gaston on Donald receiving a potential gag order for attacking witnesses and judges.

“Mr. Trump is a criminal defendant. He is facing four felony charges. He is under the supervision of the criminal justice system and he must follow his conditions of release,” said District Judge Tanya Chutkan.

“He does not have the right to say and do exactly what he pleases. Do you agree with that?” she asked Trump attorney John Lauro, who responded: “100%.”

Additionally, the judge added that the trial date set for early march 2024 will not be changed, stating: “This trial will not yield to the election cycle, and we will not revisit the trial date.”

Judge Chutkan has been the target of many of the former president's attacks and has warned him earlier that the comments he and his attorneys make could threaten the case.

Following, the two federal indictments he is facing currently, Donald, 77, has lasted out on a variety of people through social media and public comments such as prosecutors, potential witnesses and judges.

For instance, he has attacked Judge Chutkan as a “biased, Trump hating judge” and has called counsel Smith “deranged” and a “thug.”

Prosecutors from Special Counsel Jack Smith's office state that the comments could lead to a restriction on Trump's speech on the case.

In their defence, Donald's attorneys attacked that the proposed gag order is fundamentally antithetical to his First Amendment rights and suggested that it's a way being used by President Joe Biden and the Justice Department to hurt the GOP presidential candidate's campaign.

Special Counsel Jack Smith states limits are essential to prohibiting witness intimidation

Prosecutors in the case add that the former president;s attacks against potential witnesses like former Vice President Mike Pence and former Attorney General Bill Barr, could result in witness intimidation by his followers.

“The defendant’s relentless public posts marshaling anger and mistrust in the justice system, the Court, and prosecutors have already influenced the public,” they wrote in a filing in September.

Adding: “For instance, on August 5, 2023, an individual was arrested because she called the Court’s chambers and made racist death threats to the Court that were tied to the Court’s role in presiding over the defendant’s case.”

Prosecutor Molly Faston added that they "have no interest in stopping the defendant from running for office or defending his reputation, nor does our proposed order do that.”

“This is about the participants, the witnesses, in this trial."