The Japan Times - Trump given partial gag order in election conspiracy trial

US District Judge Tanya Chutkan ordered Trump not to publicly attack prosecutors, court staff or potential witnesses ahead of the historic trial scheduled to begin in Washington in March 2024.

The former Republican president reacted to Chutkan's move with a post on his Truth Social platform, saying in all capitals: "A TERRIBLE THING HAPPENED TO DEMOCRACY TODAY - GAG ORDER!"

"WILL APPEAL THE GAG ORDER RULING," he said, repeating his claim that the trial amounted to a "witch hunt."

Chutkan's ruling came after special counsel Jack Smith, a frequent target of Trump's vitriol, filed a motion claiming that the real estate tycoon's inflammatory rhetoric threatened to undermine his trial for election subversion.

Trump has described Chutkan in public comments and social media posts as a "fraud" and "Trump-hating judge," Smith's office as a "team of thugs," and the US capital as a "filthy and crime-ridden" city with a population "over 95% anti-Trump."

John Lauro, an attorney for Trump, argued against a gag order during a two-hour hearing in federal court on Monday, claiming it would infringe on Trump's constitutional right to free speech.

"The Biden administration is seeking to censor a political candidate in the middle of a campaign," Lauro said, a reference to Trump's bid to return to the White House in the 2024 presidential election.

"You're trying to squelch political speech," Lauro said at the hearing, which Trump chose not to attend.

Chutkan pushed back, saying Trump's presidential candidacy does not give him "carte blanche to vilify public servants who are simply doing their jobs."

"In what world is it permissible for a defendant to attack a prosecutor's family?" she asked.

While restricting Trump from publicly attacking the special counsel, court staff and trial witnesses, Chutkan did not prohibit him from commenting on President Joe Biden, the Justice Department or the nation's capital.

- No trial delay -

In Truth Social comments on Sunday, Trump lashed out at Smith, calling him a "Leaking, Crooked and Deranged Prosecutor," and disparaged Chutkan as a "highly partisan Obama appointed Judge."

Trump said a gag order would make it "impossible for me to criticize those who are doing the silencing, namely Crooked Joe Biden."

"They want to take away my First Amendment rights, and my ability to both campaign and defend myself," he said, claiming such moves were attempts to "cheat and interfere in the 2024 Presidential Election."

Chutkan on Monday also rejected a renewed attempt by Trump's lawyers to have the trial delayed until after the November 2024 election, which may likely feature a rematch between the 77-year-old Trump and the 80-year-old Biden.

"This trial is not going to yield to the election cycle," Chutkan said.

Trump was indicted for seeking to upend the results of the 2020 US election in a concerted effort that led to the violent January 6, 2021 attack by his supporters on the US Capitol.

The twice-impeached former president is also accused of seeking to disenfranchise American voters with his false claims that he won the November 2020 presidential election.

Chutkan has set March 4, 2024 for the start of the trial, which could interfere with Trump's campaign to win the 2024 Republican presidential nomination.

The judge overseeing Trump's civil fraud trial in New York also slapped a limited gag order on the former president this month after he insulted a court clerk in a social media post.

Judge Arthur Engoron forbid "all parties from posting, emailing or speaking publicly" about his court staff.

Trump, his sons Eric and Don Jr and other executives of the Trump Organization are accused of inflating the value of their real estate assets to receive more favorable bank loans and insurance terms.

Trump also faces federal charges for alleged mishandling of classified documents after he left the White House and has been charged with racketeering in Georgia for trying to overturn the 2020 election results in the southern state.

T.Sasaki--JT