Federal Prosecutor Orders Judge Chutkan To Take Different Approach With Trump

 December 12, 2023

In a significant legal development, former President Donald Trump faces a partially reinstated gag order in his ongoing election fraud case.

The federal appeals court has modified the gag order imposed by Judge Tanya Chutkan, specifically limiting Trump's ability to criticize certain individuals involved in the trial publicly.

The initial broad-reaching gag order, which barred Donald Trump from making public statements about his election fraud case, has seen recent adjustments by an appellate court. After a temporary lift, the court decided to reinstate the order with notable modifications. Under the new parameters, the former President can express his views about Special Counsel Jack Smith but must refrain from speaking ill of the judge, prosecutors, court personnel, or his family members.

Narrowed Gag Order Raises Questions

The decision to hone the gag order has not come without commentary. Neama Rahmani, a former federal prosecutor, expressed that the effectiveness of this order hinges on its enforcement. He suggests that if Trump were to breach the revised order, punitive measures such as jail time or a contempt charge should be considered.

Rahmani observed that, historically, Trump has faced minimal consequences for such violations. His statement reflects a broader concern within the legal community regarding handling high-profile defendants.

"All of this is meaningless unless Judge Chutkan is actually going to enforce the gag order and revoke Trump's bond or hold him in contempt. So far, no judge has been willing to do so, aside from minor, meaningless fines."

The Legal Balancing Act

The appeals court's decision to allow Trump to critique Smith but no one else involved in the case was met with surprise by some, including Rahmani himself. According to Rahmani, the rationale likely stems from the position Smith holds as a party to the case, an individual presumably prepared for public scrutiny as a consequence of prosecuting Trump.

"I am surprised Special Counsel Jack Smith was excluded from the order, but the court probably reasoned that Smith is a party and knew what he was getting himself into when he charged Trump. You can't say the same for the trial judge and other court staff," Rahmani added.

Free Speech Versus Fair Trial

Judge Patricia A. Millett, writing for the appeal court panel, emphasized the delicate nature of imposing such an order on a figure like Trump. Recognizing his unique position as a former president and a current presidential candidate, Judge Millett acknowledged the public interest in Trump's statements. However, she clarified the necessity for Trump to face trial equitably, as any other criminal defendant would.

Judge Patricia A. Millett wrote for the appeal court panel:

"We do not allow such an order lightly. Mr. Trump is a former president and current candidate for the presidency, and there is a strong public interest in what he has to say. But Mr. Trump is also an indicted criminal defendant, and he must stand trial in a courtroom under the same procedures that govern all other criminal defendants. That is what the rule of law means."

Concerns Over Public Statements

The appellate court has expressed concerns that Trump's public statements can potentially compromise the integrity of the trial.

The threats against court officials following Trump's remarks have led to heightened security and a reassessment of how such cases should be managed.

"Many of former President Trump's public statements attacking witnesses, trial participants, and court staff pose a danger to the integrity of these criminal proceedings," Judge Millett wrote.

Context of the Gag Order

This case is one of four criminal proceedings he is currently involved in, and it unfolds against the backdrop of his campaign for the 2024 Republican presidential nomination. Therefore, The gag order is not just a legal matter but one with significant political implications.

As Trump has consistently denied any wrongdoing, pleading not guilty and labeling the charges a political witch hunt, the restrictions on his speech have become a focal point of contention.

The appeals court's decision sought to navigate these complex waters, attempting to preserve the sanctity of the judicial process while acknowledging the defendant's constitutional rights.


The federal appeals court's reinstatement and modification of the gag order in Donald Trump's election fraud case are critical in the ongoing legal saga.

  • The appeals court has narrowed Judge Tanya Chutkan's gag order.
  • Trump is allowed to criticize Special Counsel Jack Smith but not the judge or other court officials.
  • Former prosecutor Neama Rahmani suggests jail or contempt charges if Trump violates the new gag order.
  • Trump faces four counts related to the 2020 election and has proclaimed his innocence.
  • The appeals court has carefully weighed free speech rights against the need for a fair trial.
  • This gag order situation unfolds as Trump campaigns for the 2024 Republican presidential nomination.

About Robert Cunningham

With years of experience at the forefront of political commentary, Robert Cunningham brings a blend of sharp wit and deep insight to his analysis of American principles at the Capitalism Institute.

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