Former President Donald Trump’s continuous flouting of a gag order issued by Judge Tanya Chutkan, overseeing his criminal case related to the January 6th insurrection, might have dire consequences, as per MSNBC legal analyst Joyce Vance.
Vance, a former U.S. attorney, asserted on Monday’s edition of The Beat with Ari Melber that Judge Chutkan’s deliberate decision to allow Trump to persistently make incriminating statements on his social media platform, Truth Social, might be a strategic move. Trump has been directing his attacks at the prosecution’s star witness, Jack Smith, a former White House aide who pleaded guilty to obstructing Congress and cooperating with authorities, and has been vocal about Trump’s role in inciting the violent mob that stormed the Capitol.
Chutkan, who had imposed a gag order on both parties involved in the case to ensure an unbiased jury selection and trial process, has refrained from taking immediate action against Trump for his blatant disregard of the order.
According to Vance, this apparent leniency might be a calculated step to build a solid record of Trump’s misconduct. “She is an experienced judge, and she is doing exactly the right thing here,” Vance commented. “She’s building a record. If you are thinking of sanctioning a defendant for violating a gag order, make sure whatever you do will be upheld on appeal. You don’t want the court of appeals to reverse you.”
Vance emphasized that Chutkan’s approach also allows Trump to further undermine his own defense and potentially influence the jury pool negatively. “Trump is not helping himself here,” Vance noted. “He is alienating potential jurors who might otherwise be sympathetic to him. He is also giving the prosecution more evidence of his state of mind, his intent, his motive, and his lack of remorse. He is digging his own grave.”
Vance predicted that Judge Chutkan would eventually take stringent action against Trump, possibly revoking his bail, holding him in contempt of court, or even referring him for additional charges of obstruction of justice or witness tampering. “She has a lot of tools at her disposal,” Vance stated emphatically. “She is not going to let this go on forever. She is going to make sure that justice is done in this case.”