Judge Tanya Chutkan Reinstates Gag Order on Trump in Election Case

A federal judge reinstated a gag order on former President Donald J. Trump on Sunday that had been temporarily placed on hold nine days earlier, reimposing restrictions on what Mr. Trump can say about witnesses and prosecutors in the case in which he stands accused of seeking to overturn the 2020 election.

In making her decision, the judge, Tanya S. Chutkan, also denied a request by Mr. Trump’s lawyers to freeze the gag order for what could have been a considerably longer period, saying it can remain in effect as a federal appeals court in Washington reviews it.

“The First Amendment rights of participants in criminal proceedings must yield, when necessary, to the orderly administration of justice,” Judge Chutkan wrote.

The dispute about the gag order, which was initially put in place on Oct. 16 after several rounds of court filings and a hard-fought hearing in Federal District Court in Washington, has for weeks pitted two significant legal arguments against each other.

From the start, Mr. Trump’s lawyers, largely led by John F. Lauro, have argued that the order was not merely a violation of the former president’s First Amendment rights. Rather, they asserted, the order “silenced” him at a critical moment: just as he has been shoring up his position as the Republican Party’s leading candidate for president in the 2024 election.

Federal prosecutors working for the special counsel, Jack Smith, have countered that even though Mr. Trump is running for the country’s highest office, he does not have permission to issue public statements threatening or intimidating people involved in the election interference case, especially if those remarks might incite violence in those who read or hear them.

Read the full story at The New York Times.
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