The request presents the biggest test yet for Chutkan, who must balance Trump’s First Amendment right to defend himself publicly with the need to protect the integrity of the case.
October 16, 2023

Federal prosecutors and Trump lawyers argue in court today over a proposed gag order aimed at stopping Trump rants against likely witnesses and others in his 2020 election interference case. Via the Associated Press:

In pressing U.S. District Judge Tanya Chutkan to impose the narrow gag order, special counsel Jack Smith’s team has accused the Republican of using increasingly incendiary rhetoric to try to undermine the public's confidence in the justice system and taint the jury pool.

It underscores the unprecedented complexities of prosecuting the GOP presidential primary front-runner, who has made the line of attack central to his campaign. And it presents the biggest test yet for Chutkan, who must balance Trump’s First Amendment right to defend himself publicly with the need to protect the integrity of the case.

Trump’s defense has called it an unconstitutional effort to “silence” his political speech as he campaigns for the Republican presidential nomination in 2024. Any gag order Chutkan imposes is likely to be challenged on appeal and could ultimately end up before the U.S. Supreme Court, legal experts have said.

“This desperate effort at censorship is unconstitutional on its face,” Trump's lawyers wrote in court papers.

Prosecutors are trying to keep him from tainting the jury pool. You can see the problem, what with the Cheetos habit of routinely maligning anyone who offends him.

UPDATE: - There is now a partial gag order in place.

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