WASHINGTON — The federal judge overseeing the 2020 election interference case against Donald Trump in Washington imposed a narrow gag order on him on Monday, barring the Republican former president from making statements targeting prosecutors, possible witnesses and court staff.
The order from U.S. District Judge Tanya Chutkan marks a milestone moment in the federal case that accuses Trump of illegally conspiring to overturn his 2020 election loss to Democrat Joe Biden. It’s the most serious restriction a court has placed on Trump’s incendiary rhetoric, which has become a centerpiece of his grievance-filled campaign to return to the White House while fighting criminal charges in four cases.
The order may end a line of attack that Trump has made central to his campaign for the 2024 GOP presidential nomination. But it may be only the beginning of an unprecedented fight over what limits can be a placed on the speech of a defendant who is also campaigning for America’s highest public office.
In a social media post shortly after the hearing in Washington’s federal court, Trump vowed to appeal. During a campaign appearance in Iowa later Monday, Trump decried the order as unconstitutional, and claimed it would only help him in the polls.
Speaking from the bench, Chutkan said Trump is entitled to criticize the Justice Department generally and assert his belief that the case is politically motivated but can’t mount a “smear campaign” against prosecutors and court personnel.
“No other criminal defendant would be allowed to do so, and I’m not going to allow it in this case,” Chutkan said.
Chutkan, who was nominated to the bench by President Barack Obama, said she would impose “sanctions as may be necessary” if the gag order is violated, but she wasn’t more specific. Judges can threaten gag order violators with fines or jail time, but jailing a presidential candidate could prompt serious political blowback and pose logistical hurdles.
While ending the stream of Trump’s harsh language may make the case easier to manage, the court order is likely to also fuel Trump’s claims of political persecution. Trump’s campaign quickly seized on the gag order in a fundraising appeal email Monday afternoon, falsely claiming that it was requested by Biden.
At rallies and in social media posts, Trump has repeatedly sought to vilify Smith and other prosecutors, casting himself as the victim of a politicized justice system working to deny him another term. His disparaging remarks have continued since prosecutors requested the gag order last month, including in a media post on Sunday in which he called Smith “deranged” and called Chutkan “highly partisan.”
Gag orders are not unheard of in high-profile cases, but there is little legal precedent for court orders limiting the speech of defendants running for public office and none addressing presidential candidates. Legal experts have said the issue may end up before the U.S. Supreme Court.