The federal judge overseeing Donald Trump's 2020 election interference case in Washington agreed Friday to temporarily lift her narrow gag order. The ruling gives Trump's lawyers time to prove why the former president's comments should not be restricted as the case heads toward trial.
U.S. District Judge Tanya Chutkan said the gag order would remain on hold — for now — while she considers Trump's bid to speak freely about the case as he challenges the restrictions in higher courts.
The gag order Chutkan issued Monday barred him from making public statements targeting prosecutors, court staff and potential witnesses. It's the most serious restriction a court has placed on Trump's inflammatory rhetoric, which has become a centerpiece of his grievance-filled campaign to return to the White House.
Trump's lawyers, who quickly appealed the ruling to the D.C. Circuit Court, wrote in court papers Friday that the gag order should be lifted while his legal challenges play out, calling the restrictions "egregious and intolerable." They argued neither the judge nor prosecutors have "come close" to justifying the order, adding that the former president "has not unlawfully threatened or harassed anyone."
In her Monday ruling, Chutkan said Trump is allowed to criticize the Justice Department generally and assert his claims of innocence and his claims that the case is politically motivated. But she said his statements smearing prosecutors and likely witnesses have crossed a line and could spur his supporters to threaten or harass his targets.
At rallies and in social media posts, Trump has sought to vilify Smith and others, casting himself as the victim of a politicized justice system working to deny him another term.
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