A request from prosecutors for a gag order aimed at reining in Donald Trump’s rhetoric is putting the judge overseeing his federal election interference case in a tricky position. U.S.
FILE - Former President Donald Trump speaks during the Pray Vote Stand Summit, Friday, Sept. 15, 2023, in Washington. FILE - This undated photo provided by the Administrative Office of the U.S. Courts, shows U.S. District Judge Tanya Chutkan.
Short of issuing an order, Chutkan has already suggested that inflammatory comments could force her to move up the trial, nowto guard against tainting the jury pool. Judges can threaten gag order violators with fines or jail time, but jailing a presidential candidate could prompt serious political blowback and pose logistical hurdles.
A complicating factor is that many of the potential witnesses in the case are themselves public figures. In the case of Trump’s vice president, Mike Pence is also running against Trump for the GOP nomination. That could open the door for Trump’s team to argue that he should be permitted to respond to public broadsides he sees on television or seek a competitive edge by denouncing a political rival for the White House.
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. In one case, a federal appeals court in 1987 lifted a gag order on U.S. Rep. Harold Ford Sr., a Tennessee Democrat charged in a fraud case. Ford, who was ultimately acquitted, claimed the case brought under Republican President Ronald Reagan’s administration was racially and politically motivated.
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