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US: Judge bars Trump from criticizing prosecutors, witnesses

October 16, 2023

A judge has ruled Donald Trump is not allowed to "launch a pretrial smear campaign" against people involved in the 2020 election subversion case. Only individuals are protected, not the case or the Justice Department.

 Former US President Donald Trump speaks at a Manhattan courthouse
Prosecutors said Trump's rhetoric risked undermining public confidence in the court system and making witnesses or people who might be selected as jurors for the trial feel harassed and intimidatedImage: BRENDAN MCDERMID/REUTERS

A federal judge overseeing the 2020 election subversion case against Donald Trump in Washington on Monday barred the former president from making public comments targeting US prosecutors, court staff and potential witnesses involved in a criminal case.

US District Judge Tanya Chutkan said she would not allow Trump, who has pleaded not guilty, to "launch a pretrial smear campaign" against people involved in the case ahead of the historic trial scheduled to begin in Washington in March 2024.

"No other criminal defendant would be allowed to do so, and I'm not going to allow it in this case," Chutkan said as she issued the gag order.

The order prohibits Trump and attorneys in the case from personally targeting Special Counsel Jack Smith, prosecutors working with him, and court staff. It also prevents Trump from discussing potential witnesses as it relates to their testimony at trial.

However, Chutkan said there would be no restrictions on statements criticizing the Justice Department generally or statements about Trump's belief that the case is politically motivated. So, in other words, his repeated references to what he likes to call a "witch hunt" are not affected by the ruling. 

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What did Trump say about prosecutors?

Chutkan's ruling came after Jack Smith filed a motion arguing that Trump's inflammatory rhetoric threatened to undermine his trial for election subversion.

Smith's team had raised the alarm about a barrage of statements disparaging prosecutors, the judge and prospective witnesses. 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 Washington as a "filthy and crime-ridden" city with a population "over 95% anti-Trump."

Those comments, prosecutors said, risked undermining public confidence in the court system and causing witnesses or people who might be picked as jurors for trial to feel harassed and intimidated.

Chutkan's gag order, however, is likely to be challenged by Trump's lawyers on appeal. It also underscores the unprecedented complexity of prosecuting the Republican presidential front-runner, who has made the line of attack central to his campaign.

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What is the 2020 election subversion case about?

Trump was indicted for his alleged efforts to overturn the results of the 2020 US election in what prosecutors portray as a concerted effort that led to the violent attack on the US Capitol by his supporters on January 6, 2021.

He is also accused of attempting 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 disrupt Trump's campaign to win the Republican nomination for next year's presidential election.

dh/msh (AP, AFP, Reuters)

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