Former President Donald Trump received a limited gag order in the criminal election interference case in Washington, D.C., blocking him from making statements publicly targeting prosecutors, court staff or ther families, or about witnesses or their testimony.
Federal prosecutors led by special counsel Jack Smith argued in federal district court Monday that Trump should be barred from making statements about potential trial witnesses and others, contending it could prejudice his criminal election interference case. The hearing comes as Trump has refused to relent in his public statements calling the Justice Department "corrupt" and the presiding U.S. Judge Tanya Chutkan an Obama-appointed "Trump-hating" judge.
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"He can criticize President Biden to his heart’s content," senior assistant special counsel Molly Gaston said Monday. "President Biden has nothing to do with this case."
The full scope of the judge's order and the extent to which she accepted the government's language in its proposal wasn't immediately clear. A written order may appear on the court's docket as soon as Monday afternoon.
However, Gaston maintained that a narrow gag order should be crafted to prevent overly inflammatory remarks that could "intentionally try this case in the court of public opinion" and prejudice the jury.
Trump attorneys fought back against the government's proposed "gag order" in his federal criminal election interference case, arguing he has a right to call his political opponent "Crooked Joe Biden." His attorneys told Chutkan that the effort to limit Trump's statements outside of court amounts to an attack on his First Amendment rights, a point which led to a series of hypothetical statements by the judge to determine the scope of the government's request.
Can Trump call Smith a "thug" or "deranged?" Chutkan asked defense attorney John Lauro.
Lauro countered that Merriam-Webster Dictionary definitions of "deranged" equate to "insane" and that his use of the word "thug" meant "bully." He argued it's fair to call the prosecutor an "insane bully."
Chutkan at one point referenced a recent narrow gag order that was placed on Trump earlier this month during a civil fraud case against his business, the Trump Organization, in New York state court. Trump was ordered by state Supreme Court Court Justice Arthur Engoron to abstain from harassing any courtroom staff after Trump posted a picture of his staff online.
"I want the parties' position on why I shouldn't issue a similar order" in the case, Chutkan said.
The judge, who was notably sarcastic and snarky with the parties on Monday, went down a list of hypothetical questions Trump has made online about potential witnesses in recent weeks, asking whether they would be permissible under the government's proposed order.
"Bill Barr is a slimy liar and cannot be trusted. Permissible?" Chutkan asked, quoting from Trump. Lauro said he believes Trump "is allowed" to comment on the former attorney general's work, also casting doubt that Barr was actually intimidated because he's a "tough guy."
Gaston said the defendant should not be able to make suggestions like "I hope he stays loyal" because it is intimidating and could be seen as a message to a witness in this case.
At times during the hearing, Chutkan contended with the defense team's arguments about the broad scope of the protective order request, also asking how it would be applied and enforced.
"The court should enter an order to protect the [panel of prospective jurors]," Gaston said, alleging that many of his online attacks intentionally target people Trump knows are potential witnesses.
Lauro said that figures like Barr or Biden could say whatever they want about Trump during a campaign, to which the judge recounted that they are not parties in this case and are not subject to conditions of release, unlike Trump.
"You keep talking about censorship as if the defendant has unfettered First Amendment rights. He Doesn't," Chutkan said.
"We're in here today not just because of statements [Trump] made before the government filed its motion, but statements made as early as last night," Chutkan said.
A Sept. 15 court filing by Smith cited numerous posts from Truth's Truth Social account targeting Chutkan, prosecutors, the court, and citizens who comprise the jury pool, as well as potential witnesses in the case.
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Smith is seeking to convict Trump in the case on allegations that he used similar tactics of intimidation as part of his efforts to overturn his loss against Biden in the 2020 election. Trump has pleaded not guilty to the four-count indictment, one of four separate criminal cases against him as he seeks to regain the Republican presidential nomination and the Oval Office.
Chutkan also said she does not intend to alter the current trajectory of the trial at this time, which is scheduled for March 4, 2024.