Former President Donald Trump was hit with a gag order on Monday by the federal judge overseeing the 2020 election subversion case brought against him in Washington DC. The order from US District Judge Tanya Chutkan bars the former president from making public comments about witnesses, jurors, or prosecutors, including Special Counsel Jack Smith.

Donald Trump was hit with a gag order by the federal judge overseeing the election subversion case brought against him by Special Counsel Jack Smith. (AP Photo/J. Scott Applewhite, File)
Special Counsel Jack Smith is overseeing two ongoing federal cases against former President Trump. (AP Photo/J. Scott Applewhite, File)

Former President Trump stands accused of Conspiracy to Defraud the United States, Conspiracy to Obstruct an Official Proceeding, Obstruction of and Attempt to Obstruct an Official Proceeding, and Conspiracy Against Rights for his efforts to overturn the results of the 2020 election. As Valuetainment previously reported, the four-count indictment handed down in August stemmed from Special Counsel Jack Smith’s investigation into the January 6, 2021, Capitol riot, making it the second set of charges laid out by Smith in as many months.

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Prosecutors allege that Trump “lost the 2020 presidential election” but was “determined to remain in power” by deliberately spreading lies about voter fraud. Smith further argued that Trump’s statements far exceeded First Amendment free speech protections and instead rose to the level of criminal conspiracy.

Following the indictment, Trump has repeatedly decried the prosecution as a political witch hunt, calling Smith “deranged” and “a thug.”

Smith’s office expressed fears that Trump’s comments about potential witnesses, court staff, and “Trump-hating” Obama appointee Judge Tanya Chutkan could undermine public confidence in the court system and lead to harassment of jurors. Based on the former president’s past statements, Judge Chutkan granted the prosecution’s motion, blocking Trump from conducting a “smear campaign” against those involved in the case.

“No other criminal defendant would be allowed to do so, and I’m not going to allow it in this case,” she said.

While the full scope of the gag order has not been made public, Chutkan indicated that Trump will still be permitted to criticize the Justice Department generally and claim that the case is politically motivated.

Trump and his defense team, who appeared before Chutkan for the first time since formally asking her to recuse herself last month, responded by promising to appeal the order.

Donald Trump’s federal election interference trial is scheduled to begin March 4, 2024.

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