The judge overseeing the case of Donald Trump’s alleged electoral subversion in the 2020 race, when he was defeated by President Joe Biden, reinstated the gag order she had issued against the former president earlier this month.
U.S. District Judge Tanya Chutkan also denied Trump’s request to issue a long-term stay of the order — which prohibits the former president from publicly attacking court officials, potential witnesses or the special counsel’s staff — while his feature unfolds.
“As the court explained, the First Amendment rights of participants in criminal proceedings must yield, when necessary, to the orderly administration of justice – a principle reflected in Supreme Court precedent, the Federal Rules of Criminal Procedure, and the Local Criminal Rules,” wrote the judge.
“Contrary to what the defendant argued, the right to a fair trial is not only his, but also that of the government and the public.”
Chutkan issued the order earlier this month after prosecutors raised concerns that the politician might intimidate witnesses or encourage acts against prosecutors through public statements.
Trump quickly appealed, and Chutkan temporarily froze the order on Oct. 20 while special counsel Jack Smith’s team and Trump’s lawyers litigated whether it should be paused indefinitely during the appeals process. The former president claimed that the measure infringed on his right to freedom of expression.
“The corrupt Biden administration just took away my First Amendment right to free speech. Unconstitutional! Make America great again!”, he said in a post on a social network.
Donald Trump faces two gag orders that prevent him from discussing aspects of his legal cases in public: one from Chutkan, and another from the judge overseeing his civil fraud trial in New York. Although the orders are limited in scope, they mark a measurable limit to the former president’s speech.
In court, Trump said the gag order violates his First Amendment rights and limits his ability to discuss the case during next year’s election campaign.
Remember: Trump arrives at the penitentiary to be formally accused of electoral fraud
Source: CNN Brasil
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