Judge Chutkan Limits Trump’s Public Statements in Jan. 6 Case
Judge Tanya Chutkan issued a partial restraint order against former President Donald Trump in his federal prosecution for allegedly attempting to overturn the results of the 2020 presidential election.
Chutkan stated that she is preventing Trump from posting statements about special counsel Jack Smith, his family, and her staff. Chutkan denied a prohibition order regarding additional restrictions on statements regarding the jury pool in Washington, D.C. Trump has expressed concern regarding the fairness of a trial in D.C. due to the city’s strong Democratic leanings.
“I am confident the voir dire process (jury selection) will help with those concerns,” Chutkan commented.
Chutkan would not impose similar limitations on the Justice Department or Smith’s office. “If any party or counsel violates this, I will consider sanctions as necessary,” according to her.
Smith stated that the restriction is necessary because the former president’s social media posts pose a risk to the legal process. Trump’s counsel argue that this is an attempt to “unconstitutionally silence” him, citing his First Amendment right to free speech.
Trump is accused of encouraging protestors who invaded the U.S. Capitol on January 6, 2021, in an attempt to prevent the certification of President Biden’s election victory. Smith is concerned that the former president will use the same influence to intimidate potential witnesses or jurors prior to the commencement of the trial the following year.
David Weinstein, a former federal prosecutor, stated that Chutkan would need to reconcile Trump’s free speech rights with the prosecutors’ concerns.
“I think that this judge will look at a variety of gag orders that have been issues both in and around the district and fashion one that allows people to have free speech and then also requires them not to say something that’s going to influence the outcome of this case outside the court,” Weinstein stated.
Judge Arthur Engoron issued a limited confidentiality order against the former president in a separate civil case in New York after he posted a photo of the judge’s law clerk on social media.
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