Trump's gag order reimposed in federal election subversion case

Donald Trump is back under a gag order

(Image credit: Scott Olson / Getty Images)

Former President Donald Trump is no longer permitted to verbally attack federal prosecutors or court employees working on his election subversion case or go after potential witnesses, after the federal judge overseeing the case reimposed a limited gag order Sunday evening. U.S. District Judge Tanya Chutkan's reasoning in restoring the gag order, which she imposed on Oct. 16 and agreed to suspend on Oct. 20, was not immediately released.

Trump has argued that the gag order limits his free speech rights, a claim Chutkan initially rejected, saying no other criminal "defendant is permitted to call the prosecutor deranged, or a thug," or intimidate witnesses. After Chutkan agreed to suspend the order, Trump went back to slamming special counsel Jack Smith and sent what prosecutors called "an unmistakable and threatening message" to Mark Meadows, Trump's former White House chief of staff, after it was reported he was given immunity to testify against Trump.

Trump "knows the effect of his targeting and seeks to use it to his strategic advantage," the prosecutors argued in their request to reinstate the gag order. They cited the Meadows posting and examples of "harassment, threats, and intimidation" that followed Trump's other comments.

The Week

Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

SUBSCRIBE & SAVE

https://cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516.jpg

Sign up for The Week's Free Newsletters

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

"Trump is personally furious about the gag order," The Washington Post reported, citing Trump advisers, "but his campaign sees it as a political asset." If Trump violates Chutkan's order, she will have to decide how to sanction him — a New York judge has fined Trump $15,000 for violating his similar gag order, and "in other cases, violators of gag orders have gone to jail, but the logistics and political implications of imprisoning a former president and current presidential candidate make that unlikely," the Post added.

Trump appeared to violate Chutkan's order 75 minutes after she posted it by attacking former Attorney General Bill Barr, a potential witness, though it's "possible, if not probable," he hadn't "been informed the gag is back in effect" at the time, Politico's Kyle Cheney noted on X, formerly Twitter. About 19 minutes after posting his Barr attack, Trump acknowledged the reinstated gag order, writing on Truth Social: "The Corrupt Biden Administration just took away my First Amendment Right To Free Speech. NOT CONSTITUTIONAL!"

Explore More

Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.