Former President Donald Trump is facing a heated battle over free speech and gag orders, as reported by Law and Crime on November 17, 2023. Following the lifting of a gag order in his civil fraud trial in New York, Trump is now gearing up to confront a separate gag order sought by special counsel Jack Smith in the election subversion case in Washington, D.C.
Trump’s legal team, led by attorneys John Lauro, Todd Blanche, John Sauer, and Greg Singer, launched a scathing attack against the narrow gag order imposed on the former president. The order, temporarily stayed on Nov. 3, was initially enforced in mid-October at the special counsel’s request, with limited terms.
U.S. District Judge Tanya Chutkan deemed it appropriate to curb Trump’s speech targeting potential witnesses and attacking prosecutors or their families. The Friday filing by Trump criticized the New York decision to impose the gag order, characterizing it as an attempt to “silence” him over his commentary on a court clerk.
Trump’s lawyers argued that the decision was based on “hearsay media reports” and described the clerk as effectively “co-judging” the trial, alleging constant collaboration with the judge on the bench. Trump accused the New York clerk of making “illegal political donations” to entities opposing him.
To justify Trump’s online post featuring a 2022 photo of the clerk alongside Senator Chuck Schumer, his legal team argued that it was a commentary on the trial’s proceedings. They contended that it represented core political speech criticizing a public figure, falling under the protection of the First Amendment.
The legal battle escalated as Trump’s attorneys portrayed the gag order as unconstitutional on First Amendment grounds. They criticized federal prosecutors for attempting to silence the former president, setting the stage for a pivotal argument at the D.C. Court of Appeals on Nov. 20.
Trump’s legal team challenged the prosecution’s assertion that silencing a political candidate with over 100 million followers equates to silencing a single speaker, dismissing it as failing first-grade math. Additionally, Trump took issue with the suggestion that he bears responsibility for death threats against presiding Judge Chutkan.
While acknowledging his use of strong language, Trump’s legal team contended that it constitutes free speech within acceptable bounds. They emphasized that the gag order does not restrict criticism of the district judge, asserting that judges and courts, like any other institutions, are not immune from public criticism. Trump’s defense argued that his comments targeting Judge Chutkan did not occur until Aug. 30, well after the alleged death threat on Aug. 5.
