Conservative legal scholars are criticizing Judge Tanya Chutkan’s decision to issue a gag order in the federal election interference case against former President Donald Trump. They argue that the judge overstepped her bounds by restricting the former president’s ability to attack potential witnesses, including former Vice President Mike Pence. According to these scholars, this unprecedented restriction on a presidential candidate’s right to speak freely may be grounds for the case to be taken up by the U.S. Supreme Court.
Legal Experts SLAM Obama Judge's Unprecedented Gag Order For Trump: 'Uncharted Territory'https://t.co/Dc4ryfppp6
— 🇺🇸🇺🇸Josh Dunlap🇺🇲🇺🇲 ULTRA-MAGA (@JDunlap1974) October 17, 2023
The judge’s ruling allows President Trump to criticize the court system and even Pence as a rival, but specific attacks related to the case could have consequences. Judge Chutkan did not specify what those consequences might be, but there is a possibility that Trump’s access to social media, where he often vents about his case, could be restricted on platforms such as Truth Social.
Barring a criminal defendant from publicly criticizing the prosecutor and judge is clearly unconstitutional.
Gagging a presidential candidate is what happens in third-world Marxist hellholes.
The DC Circuit must fix DC Obama Judge Tanya Chutkan's clearly erroneous ruling. https://t.co/Sf7DtDlQEK
— 🇺🇸 Mike Davis 🇺🇸 (@mrddmia) October 16, 2023
Conservative legal experts believe that Trump’s legal team may choose to appeal the gag order, potentially taking the case before the U.S. Supreme Court. Lawyer and former federal prosecutor Bill Shipley suggests that there could be both a direct appeal as part of the criminal case and a civil action seeking an injunction based on constitutional violations. This type of action would be unprecedented and may set a new legal precedent.
Conservatives across the board are expressing outrage over the gag order, with some calling it a “disgraceful affront to the First Amendment” and a characteristic of “third-world Marxist hellholes.” Founder and president of the Article III Project, Mike Davis, called on the DC Circuit to address what he sees as a clearly erroneous ruling by Judge Chutkan.
President Trump himself has vowed to appeal the decision, stating that he is willing to go to jail over his right to speak his mind. He sees himself as the only politician in history who is running with a gag order that restricts his ability to criticize people. In a fiery speech, Trump made it clear that he will fight this ruling and take it as far as necessary.
Judge Chutkan’s gag order is seen as an unprecedented infringement on the rights of a presidential candidate and a violation of the First Amendment. They believe that Trump should have the freedom to express his opinions and criticisms without fear of consequences, even during a criminal case.