At a court hearing Monday, a judge will consider special counsel Jack Smith's demand that Trump be formally ordered to stop attacking potential witnesses against him.
At a court hearing Monday, a judge will consider special counsel Jack Smith’s demand that Trump be formally ordered to stop attacking potential witnesses against him.
And a gag order would immediately raise two questions that could define his bid to retake the White House: Is Trump capable of abiding by a court-ordered restriction on his speech? And what is Chutkan prepared to do if he isn’t? Trump and his lawyers have framed the issue as a matter of free speech, contending that his commentary on witnesses and prosecutors is fair game — and indeed a central issue — in his 2024 presidential bid. Restraining his commentary would have the effect of tipping the political scales against him, and would put the court in a position of constantly policing his rhetoric as the campaign unfolds, his lawyers say.
The former president is already subject to a narrow gag order in another case: the New York civil fraud trial of Trump and his business empire, which Trump attended earlier this month. During the proceedings, Trump posted a social media attack on Justice Arthur Engoron’s top clerk, including a picture of her and a link to her Instagram account.
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