{"id":1614,"date":"2023-10-16T20:45:41","date_gmt":"2023-10-16T20:45:41","guid":{"rendered":"https:\/\/connectwithfund.com\/politics\/takeaways-from-the-testy-hearing-over-the-trump-gag-order-and-what-it-means\/"},"modified":"2023-10-16T20:45:41","modified_gmt":"2023-10-16T20:45:41","slug":"takeaways-from-the-testy-hearing-over-the-trump-gag-order-and-what-it-means","status":"publish","type":"post","link":"https:\/\/connectwithfund.com\/?p=1614","title":{"rendered":"Takeaways from the testy hearing over the Trump gag order and what it means"},"content":{"rendered":"
\n

\n The federal judge overseeing the election subversion case against Donald Trump in Washington, DC, placed a limited gag order on the former president after his continued attacks against potential witnesses, prosecutors and the court itself, following a testy hearing Monday.\n <\/p>\n

\n Though limited in scope, the gag order from Judge Tanya Chutkan is likely the biggest limit on the former president\u2019s speech he has ever been handed.\n <\/p>\n

\n \u201cThis is not about whether I like the language Mr. Trump uses,\u201d Chutkan said. \u201cThis is about language that presents a danger to the administration of justice.\u201d\n <\/p>\n

\n \u201cHis presidential candidacy does not give him carte blanche to vilify public servants who are simply doing their jobs,\u201d Chutkan said.\n <\/p>\n

\n The hourslong hearing laid out how Trump would be able to discuss special counsel Jack Smith\u2019s history-making prosecution against him on the campaign trail. Chutkan outlined the order in court and plans to issue a more detailed written order in the coming days.\n <\/p>\n

\n Here\u2019s what to know about the gag order and Monday\u2019s hearing:\n <\/p>\n

\n The gag order Chutkan implemented bars Trump from making certain comments about the special counsel\u2019s team or potential witnesses in the federal election subversion case, including any comments that directly target court personnel, potential witnesses or the special counsel and his staff.\n <\/p>\n

\n \u201cOne could come away from these arguments with a mistaken understanding that the First Amendment is an absolute right,\u201d Chutkan said Monday. \u201cThat is false. The First Amendment yields to the administration of justice.\u201d\n <\/p>\n

\n Chutkan said she was particularly troubled by comments she believes raise \u201ca real possibility of violence\u201d against Smith, his team, and witnesses in the case.\n <\/p>\n

\n Trump has made several such comments since he was indicted over the summer, Chutkan noted during the hearing, including referring to Smith as a \u201cthug\u201d and saying Mark Milley, the former chairman of the Joint Chiefs of Staff and a potential witness in the case, committed a \u201ctreasonous act\u201d during his tenure that was \u201cso egregious that, in times gone by, the punishment would have been DEATH!\u201d\n <\/p>\n

\n \u201cIn what kind of case do you think it would be appropriate for a criminal defendant to call the prosecutor a thug and stay on the streets?\u201d the judge asked Trump attorney John Lauro. \u201c\u2018Will no one rid me of this meddlesome priest\u2019 comes to mind.\u201d\n <\/p>\n

\n A New York state judge imposed a similar gag order regarding against the former president earlier this month after he attacked a member of the court\u2019s staff via social media. That order bars Trump only from speaking publicly about the court staff in his civil fraud trial.\n <\/p>\n

\n Trump can criticize Biden and DOJ
\n<\/h2>\n

\n Monday\u2019s order does not, however, impose restrictions on disparaging comments about Washington, DC \u2013 where the trial will take place \u2013 or certain comments about the Justice Department at large, both of which the government requested. Chutkan also specified that Trump \u201ccan certainly state that he is being unfairly prosecuted.\u201d\n <\/p>\n

\n While restricting some of the former president\u2019s speech, Chutkan agreed with Trump\u2019s defense attorneys that it is within the former president\u2019s rights to criticize Joe Biden and his administration.\n <\/p>\n

\n In the protective order proposed by prosecutors, Trump would be barred from making comments about the Justice Department as a whole under Biden, including Trump\u2019s continued assertion that the Justice Department was prosecuting him on Biden\u2019s orders. Prosecutors did not, however, oppose Trump\u2019s ability to criticize Biden as president.\n <\/p>\n

\n \u201cHe can criticize President Biden to his heart\u2019s content, your honor, because President Biden has nothing to do with this case,\u201d prosecutor Molly Gaston said in court, adding that the Justice Department takes no issue with Trump calling Biden \u201ccrooked.\u201d\n <\/p>\n

\n But the judge said there are limits.\n <\/p>\n

\n \u201cWhen you start to use a word like \u2018thug\u2019 to describe a prosecutor doing their job, that wouldn\u2019t be allowed by any other criminal defendant,\u201d Chutkan said. \u201cJust because the defendant is running a political campaign does not allow him to do whatever he wants.\u201d\n <\/p>\n

\n She added: \u201cIf the message Mr. Trump wants to express is \u2018my prosecution is politically motivated,\u2019\u201d he can do so without using \u201chighly charged language.\u201d\n <\/p>\n

\n Chutkan did not say during the hearing what penalties she would implement should Trump break the rules of the gag order, but listed several options she believed were available for her to choose from.\n <\/p>\n

\n Those options include admonishing Trump in court, imposing financial penalties, home detention or revoking his pretrial release. Chutkan also said she believed she could issue a show-cause order, which would require Trump justify why he breached the rules of the gag order.\n <\/p>\n

\n Violations of the gag order may not necessarily need to be raised by prosecutors for Chutkan to impose a penalty, she said.\n <\/p>\n

\n Trump said on his social media site that he plans to appeal the ruling.\n <\/p>\n

\n While arguing against the proposed gag order, Lauro argued that that the former president was being punished by the Biden administration during an election cycle and noted that the trial date was set for March 4, 2024, the day before the Super Tuesday primary.\n <\/p>\n

\n \u201cThis trial will not yield to the election cycle, and we will not revisit the trial date,\u201d Chutkan told Lauro.\n <\/p>\n

\n Trump\u2019s lawyers have already made a motion to push back the trial date in the Florida classified documents case but have only asked for certain filing deadlines to be extended in the DC case.\n <\/p>\n

\n The hearing grew heated at points when Lauro and Chutkan sparred about political rhetoric and tone.\n <\/p>\n

\n For instance, Lauro accused the special counsel\u2019s office, through the proposed gag order, of trying to \u201cto prevent President Trump from speaking out about the issues of the day.\u201d\n <\/p>\n

\n Chutkan responded: \u201cI understand that you have a message you want to get out. I do not need to hear any campaign rhetoric in my court.\u201d\n <\/p>\n

\n \u201cPolitics stops at this courtroom door,\u201d Chutkan added.\n <\/p>\n<\/p><\/div>\n

Read the full article here<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

The federal judge overseeing the election subversion case against Donald Trump in Washington, DC, placed a limited gag order on the former president after his continued attacks against potential witnesses, prosecutors and the court itself, following a testy hearing Monday. Though limited in scope, the gag order from Judge Tanya Chutkan is likely the biggest limit on the former president\u2019s speech he has ever been handed. \u201cThis is not about whether I like the language Mr. Trump uses,\u201d Chutkan said. \u201cThis is about language that presents a danger to the administration of justice.\u201d \u201cHis presidential candidacy does not give him<\/p>\n","protected":false},"author":1,"featured_media":1615,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[43],"tags":[],"class_list":["post-1614","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-politics"],"yoast_head":"\nTakeaways from the testy hearing over the Trump gag order and what it means | ConnectWithFund<\/title>\n<meta name=\"description\" content=\"The federal judge overseeing the election subversion case against Donald Trump in Washington, DC, placed a limited gag 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