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Judge Tanya Chutkan, who is overseeing Donald Trump's Washington, DC, criminal case, warned him that he needs to zip his lip. He declined to take that advice, and continued to spew venom in the direction of Special Counsel Jack Smith and the Department of Justice, both at his rallies and on his failing social media platform. And so yesterday, the Judge spelled things out a little more explicitly.
In a two-hour hearing, Chutkan said that Trump is no longer allowed to make attacks on DOJ prosecutors, potential trial witnesses, or court staff. She also said that if he doesn't follow her orders, he will face "sanctions." The Judge did not spell out exactly what that might mean, whether moving his trial date forward, putting him in jail, or imposing a fine, but she says that once she issues the written version of the gag order, that will be made clear.
The primary argument made by Trump's legal team was that he has a First Amendment right to say whatever he wants, and that it's particularly important to be observant of his free speech rights since he is a candidate for president. Chutkan had little patience for this proposition, observing that she has only limited him in ways that will keep him from poisoning the trial, and that "His presidential candidacy does not give him carte blanche to vilify public servants who are simply doing their jobs." She also reminded Trump's counsel that "Mr. Trump is a criminal defendant. He is facing four felony charges. He is under the supervision of the criminal justice system and he must follow his conditions of release."
Trump's lawyers said they will appeal the (limited) gag order, but experts in this area of the law say they are going to lose. So then the question becomes exactly how the former president will play his hand. He hates being told what to do by anyone, and he's surely even more unhappy about being told what to do by a Black woman. At a rally last night, just hours after the gag order was imposed, he tore into Chutkan, declaring:
A judge doesn't like me too much. Her whole life is not liking me. You know what a gag order is? You can't speak badly about your opponent. This is weaponry all being done because Joe Biden is losing the election and losing very, very badly to all of us.
Will this be enough for Chutkan to find that Trump violated the gag order? If so, that's gotta be a record of some sort. That said, he didn't say her name, and she's only kinda part of "court staff," so Trump probably approached the line without crossing it.
Trump has half a century of experience with approaching the line but not crossing it, in various ways. But can he keep it up here, especially as he gets angrier, and especially as his various legal situations go south? We shall find out. As of now, he has 140 days to keep his nose clean before his D.C. trial begins on March 4. (Z)