WASHINGTON DC—On August 11, the U.S. District Judge Tanya Chutkan, assigned to preside over the court proceedings of former President, Donald J. Trump and the aftermath of the 2020 Presidential election, denied Special Counsel Jack Smith’s request for a complete gag order against Donald Trump which would prevent him from posting on social media. Trump’s attorneys cited Trump’s First Amendment rights to freedom of speech.
Prior to August 11, the court proceedings were temporarily delayed following Smith’s request for a gag order to prevent Trump from posting on social media while court proceedings were in progress. Judge Chutkan ordered that Smith provide the court with a reason for his request.
Multiple media reports indicated that Judge Chutkan sided with Special Counsel, Jack Smith. On August 11, NBC News headline read, “Judge Warns Trump About Intimidating Witnesses and Disclosing Secrets in 2020 Election Case.” The Washington Post wrote, “Trump’s Speech will be Limited to protect Trial Witnesses, Judges Orders.”
This Judge has presided over some of Trump’s civil cases in the past. The majority of those cases were dismissed for lack of facts, merit, or “moot’.
In this case, Judge Chutkan defended Trump’s First Amendment rights. The only protective order in place is for privacy of Trump publicly disclosing sensitive material regarding witness testimony, court recordings, and transcripts.
Special Counsel Jack Smith criticized former President Trump on his Twitter page during court proceedings.
“Less than 24 hours after being admonished by a black Judge in DC, he goes full grand wizard on the Fulton County DA and her community,” Smith tweeted.
Smith has requested a court date of January 2, 2024, which, if granted would require both prosecution and defense to work through the holidays and possibly cause its own election interference in the 2024 Presidential election.
Trump is currently on the campaign trail. Trump’s popularity in the polls has risen from 43 to 53 percent since this investigation has begun. Multiple newscasters have stated that, the more Trump is investigated, the more popular he becomes.
