Former President Donald Trump has criticized the reinstatement of a gag order against him in a federal indictment case, insisting that the restrictions take away his free speech rights “in the middle of my campaign for President.”
“It illegally and unconstitutionally takes away my First Amendment Right of Free Speech, in the middle of my campaign for President, where I am leading against BOTH Parties in the Polls. Few can believe this is happening, but I will appeal. How can they tell the leading candidate that he, and only he, is seriously restricted from campaigning in a free and open manner? It will not stand!”
The order was initially issued by U.S. District Judge Tanya Chutkan on Oct. 16 based on a request from special counsel Jack Smith. It barred President Trump from making public statements targeting potential witnesses, court staff, and prosecutors related to the case.
On Oct. 20, Judge Chutkan temporarily lifted the gag order following an appeal from President Trump’s lawyers. The Biden administration then filed its opposition against lifting the gag order. And on Oct. 29, Judge Chutkan reinstated the order.
The reinstatement has attracted criticism, with some seeking a Supreme Court intervention on the matter.
Allegedly Biased Judge, Trump’s Rights
Judge Chutkan was nominated to the post by President Barack Obama. In November 2021, she rejected President Trump’s attempt to block the Jan. 6 House select committee from accessing hundreds of documents from the White House despite his claim of executive privilege.As of early August, Judge Chutkan had sentenced at least 38 people who were convicted of crimes related to the Jan. 6 breach of the U.S. Capitol.
In an Oct. 25 statement, the ACLU said that the gag order is “too vague” and “too broad.” U.S. citizens have the “right to hear speech from the defendant, especially as it affects our ability to hold fair and free elections,” the group stated.
“No modern-day president did more damage to civil liberties and civil rights than President Trump, but if we allow his free speech rights to be abridged, we know that other unpopular voices—even ones we agree with—will also be silenced,” ACLU Executive Director Anthony D. Romero said.
“As much as we disagreed with Donald Trump’s policies, everyone is entitled to the same First Amendment protection against gag orders that are too broad and too vague.”