The order would bar Trump from making comments that are “disparaging and inflammatory, or intimidating” about parties in the case.
Topline
U.S. District Judge Tanya Chutkan will consider at a hearing Monday whether a gag order should be imposed against former President Donald Trump in the federal case over his attempts to overturn the 2020 election, which could be the biggest restrictions Trump has faced over his speech yet as he continues to attack witnesses, prosecutors and judges in the criminal cases against him.Key Facts
The Justice Department has asked Chutkan to impose a “narrow, well-defined restriction” on Trump’s speech, citing the ex-president’s posts on social media and arguing his attacks on parties “reasonably could have a material impact on the impartiality of the jury pool while simultaneously influencing witness testimony.”
The proposed order would specifically bar Trump from making statements “that present a serious and substantial danger of materially prejudicing this case,” which would include “statements regarding the identity, testimony, or credibility of prospective witnesses” and “statements about any party, witness, attorney, court personnel, or potential jurors that are disparaging and inflammatory, or intimidating.”
Prosecutors pointed to a number of Trump’s posts on social media that they believe could have an impact on the case, such as attacks against Chutkan and special counsel Jack Smith and Trump commenting on potential witnesses in the case, such as attorney Rudy Giuliani, MyPillow CEO Mike Lindell and former Vice President Mike Pence.
Trump’s attacks on Smith and complaints that he won’t be able to get a fair trial from a Washington, D.C., jury are “likely to undermine confidence in the justice system, affect the jury pool, or otherwise prejudice the due administration of justice,” prosecutors argued.
