‘Unthinkable’: President Trump Responds to Reinstatement of Gag Order

Former President Donald Trump looks on during a break at a Manhattan courthouse as he attends the trial in a civil fraud case brought by state Attorney General Letitia James against him, his adult sons, the Trump Organization, and others in New York City on Oct. 4, 2023. (Mike Segar/Reuters)

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.”

“I have just learned that the very Biased, Trump-Hating Judge in D.C., who should have RECUSED herself due to her blatant and open loathing of your favorite President, ME, has reimposed a GAG ORDER which will put me at a disadvantage against my prosecutorial and political opponents,” President Trump said in an Oct. 30 Truth Social post. “This order, according to many legal scholars, is unthinkable!

“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 gag order is related to the U.S. Department of Justice’s (DOJ) indictment of the former president in a case accusing him of attempting to overturn the results of the 2020 election.

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.

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The reinstatement has attracted criticism, with some seeking a Supreme Court intervention on the matter.

“Deranged Biden special counsel Jack Smith and obnoxiously partisan Obama DC Judge Tanya Chutkan are doubling down on their blatantly unconstitutional gag order on Trump. Obvious election interference. Obama-stacked DC Circuit probably won’t fix this. So the Supreme Court must,” Mike Davis, the founder of constitutional rights advocacy group The Article III Project (A3P), said in an Oct. 30 post on X, formerly known as Twitter.

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.

U.S. District Judge Tanya Chutkan. (Administrative Office of the U.S. Courts via AP)

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.

Barb McQuade, a professor at the University of Michigan Law School, said in an Oct. 30 X post that Judge Chutkan’s gag order gives President Trump “wide latitude to criticize Biden, DOJ, and even her. Trump just can’t target parties and witnesses outside of court.”

In a rare statement in support of President Trump, the American Civil Liberties Union (ACLU) backed the former president, advocating against the gag order. The ACLU has been one of the most vocal critics of President Trump.

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.”