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Kaelan Deese, Supreme Court Reporter


NextImg:Trump takes advantage of temporary lift on gag order to blast 'deranged' Jack Smith

Former President Donald Trump went on an angry tangent against President Joe Biden and prosecutors who have indicted him amid a brief pause of his limited gag order in federal court.

U.S. District Judge Tanya Chutkan granted Trump a temporary hold on his gag order last week, and the former president appeared to be using that leeway in ways that would have normally been prohibited if it remained in effect, attaching a "deranged" nickname to special counsel Jack Smith.

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"The Failing New York Times story, leaked by Deranged Jack Smith and the Biden 'Political Opponent Abuser' DOJ, about a red haired weirdo from Australia, named Anthony Pratt, is Fake News," Trump said Sunday night in response to reports that he shared sensitive state secrets with Australian billionaire Anthony Pratt.

Attacking witnesses and witness intimidation is already covered by Trump's pretrial conditions of release, Chutkan said last week before imposing a limited gag order on the former president. However, the gag order pertains to Trump's federal election subversion case in Washington, D.C., and Pratt is more likely to be a witness in his case in Florida involving alleged obstruction efforts to return classified materials to the government.

Using rhetoric like the words "deranged" and "thug" to describe Smith may have gone too far if the gag order were currently in effect, which Trump has decried as unconstitutional. Trump has denied any wrongdoing in the case charging him with illegally scheming to undo his 2020 election defeat to Biden.

Chutkan has said Trump may criticize the president and Justice Department more generally but that his statements smearing prosecutors and likely witnesses crossed a line that could spur his supporters to levy threats or engage in harassment.

This undated photo provided by the Administrative Office of the U.S. Courts, shows U.S. 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 during a hearing on Oct. 16, who replied: “100%.”

Trump’s lawyers, who swiftly appealed the gag order ruling to the U.S. Court of Appeals for the District of Columbia Circuit, wrote in court filings Friday that the gag order should be lifted while his legal challenges play out, calling the restrictions “egregious and intolerable.” They said the government's request for the order hadn't “come close” to justifying it, adding that the former president “has not unlawfully threatened or harassed anyone.”

It's the second gag order imposed on Trump in the past month. The judge overseeing his civil fraud trial in New York, which resumes this week, issued a more limited gag order blocking personal attacks against courtroom personnel after a social media post from Trump that berated the judge's principal clerk.

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Trump was fined $5,000 on Friday by Judge Arthur Engoron after his disparaging post stayed up on his campaign website for weeks after the judge ordered it deleted. Engoron held off on holding Trump in contempt but said he reserved the right to do so, including even the possibility of placing him in jail, if he violates that limited gag order again.

Chutkan ordered Smith's team to file by Wednesday any opposition to Trump's request for a longer pause on the gag order pending appeal.