Judge lifts Trump gag order in federal 2020 election and Jan. 6 case

District Judge Tanya Chutkan on Friday temporarily lifted the gag order she issued against former President Donald Trump earlier this week that prevented him from criticizing prosecutors, court staff or their families. 

Chutkan, who is overseeing the 77-year-old former president’s 2020 election interference case, stayed the partial gag order, which also barred Trump from discussing potential witnesses or testimony, in order to give his defense team and the Justice Department more time to file briefs related to 2024 Republican presidential candidate’s request for an extended pause of the order. 

“Upon consideration of Defendant’s opposed 110 Motion for Stay Pending Appeal, Request for Temporary Administrative Stay, and Memorandum in Support, it is hereby ORDERED that the court’s 105 Opinion and Order is administratively STAYED to permit the parties’ briefing and the court’s consideration of Defendant’s Motion,” Chutkan, 61, wrote in a short brief. 

She further ordered that special counsel Jack Smith’s team file any opposition to Trump’s motion for an extended stay of the gag order by Oct. 25, and that Trump’s team respond by Oct. 28.

Attorneys for Trump appealed the gag order to the DC Circuit Court of Appeals on Tuesday. 

On Friday, they urged Chutkan to freeze the order while the appeals process plays out. 

“No Court in American history has imposed a gag order on a criminal defendant who is campaigning for public office — least of all, on the leading candidate for President of the United States,” Trump’s lawyers argued in their motion.

Under the partial gag order, all parties in the case are barred from making statements that “target (1) the Special Counsel prosecuting this case or his staff; (2) defense counsel or their staff; (3) any of this court’s staff or other supporting personnel; or (4) any reasonably foreseeable witness or the substance of their testimony.”

Chutkan indicated in court that Trump can still broadly criticize the Justice Department and suggest that the case against him is politically motivated.

Trump’s trial in the case is slated for March 4, 2024, one day before the Super Tuesday presidential primary contests. His team has unsuccessfully tried to move the start date back.

Chutkan’s stay was issued the same day Trump was fined $5,000 for violating a gag order in his New York civil fraud trial. 

Judge Arthur Engoron, who is overseeing the $250 million civil fraud trial against the former president and the Trump Organization, issued the gag order on Oct. 3 after Trump attacked  Engoron’s clerk in a Truth Social post. 

The offending post was taken off the social media platform but it remained on Trump’s campaign site, which led Engoron to levy the fine. 

Engoron warned that future violation may lead to “far more severe sanctions,” including “possibly imprisoning” Trump.