© CNNFormer President Donald Trump and US District Judge Tanya Chutkan
Federal prosecutors led by special counsel Jack Smith succeeded in federal district court Monday on arguments that Trump should be barred from making statements about possible trial witnesses and others, contending it could prejudice his criminal election interference case. The hearing comes as Trump has refused to relent in his public statements calling the Justice Department "corrupt" and presiding Judge Tanya Chutkan an Obama-appointed "Trump-hating" judge.
"His presidential candidacy does not give him carte blanche to vilify public servants who are simply doing their jobs," Chutkan said of Trump.
The full scope of the judge's order and the extent to which she accepted the government's language in its proposal wasn't clear, though it likely means he'll need to cease his routine use of "deranged" to describe Smith, one of the terms Chutkan said could risk tainting the criminal proceedings.
Andrew Lieb of Lieb at Law told the Washington Examiner that the order isn't issued in writing yet but that Trump could seek to argue it impairs his First Amendment rights.
"I'd bet that we'd have to see Trump violate the order and have a disproportionate sanction issued for an appellate court to do anything," Lieb said, noting that the judge said she'd consider sanctions for violations.
Lieb added that Trump's presidential campaign would be subject to the same restrictions as him, but noted that the same rules likely won't apply to political action committees.
"So, to help Trump, if you want to, the idea should be that political action committees should do everything that he can't," Lieb said.
Senior assistant special counsel Molly Gaston said Monday that Trump can still "criticize President Biden to his heart's content," noting that "President Biden has nothing to do with this case."
However, Gaston maintained that a narrow gag order should be crafted to prevent overly inflammatory remarks that could "intentionally try this case in the court of public opinion" and prejudice the jury.
Trump campaign spokesperson Steven Cheung took advantage of the government's limited leeway on Monday, opening up his statement to the Washington Examiner blasting "Crooked Joe Biden."
"Today's decision is an absolute abomination and another partisan knife stuck in the heart of our Democracy by Crooked Joe Biden, who was granted the right to muzzle his political opponent, the leading candidate for the Presidency in 2024, and the most popular political leader in America, President Donald J. Trump," Cheung said.
Trump attorney John Lauro told Chutkan in court that the effort to limit Trump's statements outside of court amounts to an attack on his First Amendment rights, a point that led to a series of hypothetical statements by the judge to determine the scope of the government's request.
Can Trump call Smith a "thug" or "deranged?" Chutkan asked Lauro.
Lauro countered that Merriam-Webster Dictionary definitions of "deranged" equate to "insane" and that his use of the word "thug" meant "bully." He argued it's fair to call the prosecutor an "insane bully."
Chutkan at one point referenced a recent narrow gag order that was placed on Trump earlier this month during a civil fraud case against his business, the Trump Organization, in New York state court. Trump was ordered by state Supreme Court Court Justice Arthur Engoron to abstain from harassing any courtroom staff after Trump posted a picture of his staff online.
"I want the parties' position on why I shouldn't issue a similar order" in the case, Chutkan said.
The judge, who was notably sarcastic and snarky with the parties on Monday, went down a list of hypothetical questions Trump has made online about potential witnesses in recent weeks, asking whether they would be permissible under the government's proposed order.
"Bill Barr is a slimy liar and cannot be trusted. Permissible?" Chutkan asked, quoting from Trump. Lauro said he believes Trump "is allowed" to comment on the former attorney general's work, also casting doubt that Barr was actually intimidated because he's a "tough guy."
Gaston said the defendant should not be able to make suggestions like "I hope he stays loyal" because it is intimidating and could be seen as a message to a witness in this case.
An example of Chutkan's order in effect is how it applies to former Vice President Mike Pence, who is running against him in the Republican primary. Trump is allowed to say anything he wants about Pence from the perspective of a political rival, but he may not make statements about Pence's actions related to the Jan. 6 certification of the 2020 election and the events leading up to the riot at the U.S. Capitol.
© Al Drago/Bloomberg via Getty ImagesJack Smith, US special counsel, speaks during a news conference in Washington, DC, US, on Tuesday, Aug. 1, 2023.
Smith is seeking to convict Trump in the case on allegations that he used similar tactics of intimidation as part of his efforts to overturn his loss against Biden in the 2020 election. Trump has pleaded not guilty to the four-count indictment, one of four separate criminal cases against him as he seeks to regain the Republican presidential nomination and the Oval Office.
Chutkan also said she does not intend to alter the current trajectory of the trial at this time, which is scheduled for March 4, 2024.
Kaelan Deese is a Supreme Court reporter for the Washington Examiner covering the latest happenings at the nation's highest court and the legal issues surrounding Second Amendment rights, abortion, and religious liberties.
Comment: However absurd the notion, Biden is considered a "public servant doing his job." Despite the fine words about First Amendment, free speech etc., Chutkin's farcical gag order is designed to prevent Trump from conducting his re-election campaign.
A little more background on the good judge: