A proposed gag order aimed at reining in Donald Trump’s incendiary rhetoric puts the judge overseeing his federal election interference case in a tricky position: She must balance the need to protect the integrity of the legal proceedings against the First Amendment rights of a presidential candidate to defend himself in public.
WASHINGTON — U.S. District Judge Tanya Chutkan will hear arguments Monday in Washington over whether Trump has gone too far with remarks such as calling prosecutors a “team of thugs” and one possible witness “a gutless pig.” It is the biggest test yet for Chutkan, underscoring the unprecedented complexities of prosecuting the former Republican president as the judge vows not to let political considerations guide her decisions.
“And so in some sense, you may be playing directly into his hands by essentially creating yet another mechanism for him to try to push this until after the 2024 election because my sense is that any gag order that she issues will eventually reach the Supreme Court,” Neuborne said. But Barbara McQuade, a former U.S. attorney in Michigan, said she believes the judge can issue a narrow enough order that withstands legal challenges and protects both the case and Trump’s abilities to campaign.
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