A gag order in the federal election interference case against former President Donald Trump was back in effect Sunday after the presiding judge ended her stay on the order.
US District Judge Tanya Chutkan had granted Trump’s defense team an administrative stay, meaning the gag order was on hold while the defense filed an appeal.
But on Sunday, Chutkan signed an opinion that lifted his stay on Oct. 20, essentially reimposing the gag order. The order prohibits Trump from making statements about potential witnesses or disparaging comments about prosecutors, court staff or support staff.
Special counsel Jack Smith’s team sought the gag order to “protect the integrity of the trial and the jury as a whole” from being influenced by Trump’s statements about the case, which was filed in District Court of the United States for the District of Columbia.
Trump’s legal team did not immediately respond to a request for comment. In a statement on his social media platform, Truth Social, the former president said:
“The corrupt Biden Administration just took away my first amendment right to free speech. UNCONSTITUTIONAL! MAKE AMERICA GREAT AGAIN…”
Trump later alleged in a post that the order “unlawfully and unconstitutionally abrogates my First Amendment right to free speech” and said he would appeal the decision.
Trump has often argued, without evidence, that this and other state and civil cases against him are part of President Joe Biden’s attempts to thwart his effort to return to the White House as the presumptive Republican presidential nominee next year. Chutkan has said that he can continue to express that opinion a matter that is beyond the scope of the gag order.
Chutkan’s gag order said “the testimony subpoenaed by the government demonstrates that when the defendant has publicly attacked individuals, including in matters related to this case, those individuals are consequently threatened and harassed.”
Trump’s lawyers had said the order was overly broad and would result in his suffering “irreparable injury” to his First Amendment rights.
A federal grand jury in Washington indicted Trump on charges of conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction and conspiracy to interfere with the right to vote and have the vote counted, all related to his alleged efforts to nullify the 2020. elections he lost to Biden.
Trump pleaded not guilty to all charges.
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