Scold’s bridle
US District Judge Tanya Chutkan has put into writing her limited gag order that bars Donald Trump from making public statements about witnesses who might testify against him in the federal election subversion case as well as prosecutors and court staff.
Trump’s public statements pose “grave threats to the integrity of these proceedings,” especially those that could be construed as harassment and intimidation, Chutkan said in the order released Tuesday.
The written order expands upon what Chutkan articulated during Monday’s hearing about restricting what Trump can say while awaiting trial.
I’m seeing a lot of headlines saying it won’t make a damn bit of difference.
Trump has publicly railed against the so-called gag order, calling it “unconstitutional” and vowing to appeal.
Like he knows what’s constitutional and what isn’t. Please.
Chutkan made clear that the main reason she is imposing the order is that Trump’s statements could prompt intimidation and harassment. She pointed in particular to his statements about special counsel Jack Smith and his office and possible witnesses like former Attorney General Bill Barr, Gen. Mark Milley and Pence, as well as his statements about court staff in a civil fraud case he’s facing in New York.
“Defendant has made those statements to national audiences using language communicating not merely that he believes the process to be illegitimate, but also that particular individuals involved in it are liars, or ‘thugs,’ or deserve death,” Chutkan said in the written order. “The court finds that such statements pose a significant and immediate risk.”
That’s exactly why he makes them.
Chutkan noted that any violation of her orders could result in sanctions.
I wonder what kind of “sanctions” that means.
GW,
It could mean a lot of different things, including fines and even imprisonment for contempt. Courts have a lot of tools for dealing with violations of court orders. Typically they don’t go right for the most severe remedy, and doing so could be reversible error. Judge Chutkan was pretty careful here to craft an order that tries to balance Trump’s ability to campaign and engage in political speech including criticism of the case against him with her ability to run a fair trial, so I expect she’ll be similarly careful in laying a record to support any sanctions she has to impose. So I wouldn’t expect to see Trump’s bail revoked on a first violation.