Former U.S. President Donald Trump Could Face Gag Order Amid Legal Battles
As former President Donald Trump intensifies his attacks on various targets related to his ongoing legal battles, experts suggest that he may soon face a court-ordered gag order. However, it remains uncertain whether such an order would be enforceable against Trump, who is currently a leading candidate for the White House, known for his frequent social media activity and his campaign message centered around his self-proclaimed political persecution.
“I believe a gag order is likely, but I am unsure if it will be enforced,” stated former federal prosecutor Neama Rahmani in an interview with CNBC. “Many of the judges I have encountered in political cases have been all talk and no action,” Rahmani added.
A representative for Trump did not respond immediately to CNBC’s request for comment.
Gag orders are typically imposed when the fairness of a trial is deemed to be at risk. The judge must carefully balance First Amendment rights against the need to prevent witness tampering or biasing the jury pool.
“Ultimately, the burden falls upon the prosecution to present facts to the judge proving that such orders are necessary in these circumstances,” explained Norm Eisen, legal and ethics expert and executive chair of the States United Democracy Center, in a statement to CNBC.
Matthew Galluzzo, a former New York prosecutor, suggested that Trump’s frequent public statements about his cases could be seen as an attempt to influence the outcome. “You don’t typically see someone so blatantly disregarding trial rules,” Galluzzo remarked.
Joshua Ritter, a criminal defense attorney, believes that the more Trump comments on his cases, the greater the likelihood of a gag order being imposed. However, Ritter noted that any order would likely be more limited than usual, as the judge will need to carefully balance the integrity of the trial with Trump’s right to political speech. “It becomes a little trickier,” Ritter explained, acknowledging that a significant portion of Trump’s campaign message revolves around his claims of persecution.
Trump’s political campaign has heavily featured the indictments as part of its fundraising appeals and other campaign messages. A recent advertisement criticized prosecutors, including Fulton County District Attorney Fani Willis, who is expected to seek indictments related to potential interference in Georgia’s 2020 election by Trump and his allies.
Trump has already faced restrictions on posting about certain evidence from Manhattan District Attorney Alvin Bragg’s hush money case on social media. However, the district attorney’s office clarified that it was not seeking a gag order, as Trump “has a constitutional right to publicly discuss this case.”
If Trump were to be prohibited from speaking about certain aspects of one of his federal cases but defied the order, it would force a judge into the unprecedented situation of having to punish a leading presidential candidate. U.S. District Judge Tanya Chutkan is assigned to Trump’s latest federal case.
“Does Chutkan have the strength to either sanction or incarcerate Donald Trump?” Rahmani questioned. “Maybe, but she must be willing to enforce that gag order.”
Special Counsel Jack Smith, the federal prosecutor handling two of Trump’s ongoing criminal cases, has already raised concerns about the former president’s social media tirades in a court filing. Smith is seeking a protective order to prevent Trump from improperly disseminating sensitive evidence in the federal case accusing him of attempting to overturn the 2020 election results.
In response, a spokesperson for the Trump campaign argued that the disputed post referenced in Smith’s filing constituted political speech and was not directed at his legal adversaries. Trump’s defense attorneys have also contended that the proposed protective order from the Justice Department is overly broad and have proposed an alternative order that would shield only genuinely sensitive materials.
Despite pleading not guilty in his latest criminal case, Trump has launched a multi-day offensive against the prosecutors, potential witnesses, and even the judge presiding over the case. He has claimed that he cannot receive a fair trial due to the judge’s involvement in a previous case related to freedom of speech and fair elections.
Trump has expressed his intention to seek a new judge and venue for the federal case, which accuses him of conspiring to overturn the 2020 election. Throughout his recent social media posts, Trump has continued to criticize the prosecutors, judge, and even his former vice president, Mike Pence, who may be called as a witness in the trial.
Trump’s mounting legal troubles have led him to assert that the government is conspiring to hinder his 2024 presidential campaign. He has called for the U.S. Supreme Court to intervene, alleging election interference by his opponents.