Judge cites ‘significant and immediate risk’ Trump comments pose in Jan. 6 case gag order

The judge overseeing former President Trump’s election interference case cited the threats and harassment leveled against those he targets as the rationale for barring him from making certain statements in a new gag order. 

A written order from Judge Tanya Chutkan bars Trump from making statements that “target” witnesses and attorneys in the case, including prosecutors and court personnel. 

“Undisputed testimony cited by the government demonstrates that when Defendant has publicly attacked individuals, including on matters related to this case, those individuals are consequently threatened and harassed,” Chutkan wrote in the three-page order. 

“The court finds that such statements pose a significant and immediate risk that (1) witnesses will be intimidated or otherwise unduly influenced by the prospect of being themselves targeted for harassment or threats; and (2) attorneys, public servants, and other court staff will themselves become targets for threats and harassment,” she continued.

She noted that Trump has called people liars, “thugs,” and suggested they deserve the death penalty. 

Chutkan said the digital age also means such dangers do not “abate” even if Trump were to retract them, calling the risk to those he attacks as “largely irreversible.”

The order also spells out the caveats she reviewed in court during a Monday hearing, which leave Trump free to attack President Biden and his administration, the Justice Department, and his prosecution in general. 

Chutkan said for the public and criminal defendants, there are limitations on freedom of speech. Those with pending criminal cases are often barred from contacting witnesses or taking actions to intimidate them.

Chutkan said Trump’s status as a candidate does not change that dynamic.

“The bottom line is that equal justice under law requires the equal treatment of criminal defendants; Defendant’s presidential candidacy cannot excuse statements that would otherwise intolerably jeopardize these proceedings,” she wrote.