在唐纳德·特朗普(Donald Trump)寻求夺回总统宝座之际，这一决定可能会影响他与政治对手的竞选方式联邦选举干预案同意了政府的部分请求，对前总统发布限制言论自由令。
在周一的听证会上，美国地区法官塔尼亚·楚特坎(Tanya Chutkan)裁定，禁止特朗普发表声明或“转贴”声明，“公开针对”特别顾问杰克·史密斯及其工作人员，以及楚特坎的工作人员和华盛顿特区地区法院的其他工作人员。
她还禁止他就案件中的潜在证人及其潜在证词的内容发表声明。
这一决定代表着特朗普寻求连任的一个令人震惊的时刻，对他竞选活动中的许多核心言论施加了法院下令的限制。特朗普的攻击可能会受到该命令的限制:称史密斯“精神错乱”和“暴徒”，并说时任副总统迈克·彭斯在1月6日做了错误的事情——这是他对前副总统的主要攻击。
仍有待确定的是，特朗普是否会遵守这一命令，如果他不遵守，Chutkan法官会为了执行这一命令而竭尽全力。
法官表示，她的裁决不会禁止特朗普公开攻击彭斯，他现在是他在2024年总统竞选中的政治对手，作为他们相互竞选的一部分-但特朗普现在被禁止就彭斯与1月6日2020年投票认证有关的行为以及导致2020年大选的事件发表声明。对美国国会大厦的攻击.
Chutkan法官表示，她不会对特朗普可能发表的关于华盛顿特区或其陪审团的言论，或者批评政府(包括司法部或拜登政府)的言论施加额外限制。
然而，Chutkan说，“他的总统候选人资格并没有给他全权去诋毁和暗中鼓励针对只是做好本职工作的公务员的暴力行为。”
“特朗普先生当然可以声称他受到了不公平的起诉，但我无法想象任何其他刑事案件中，被告被允许称检察官为‘精神错乱’或‘暴徒’，”她说。"我不会允许它在这里，仅仅因为被告正在进行一场政治运动."
尽管她表示，特朗普作为总统候选人“可能仍会大力寻求公众支持”，并批评拜登政府，但他作为刑事被告的第一修正案权利“不允许(特朗普)对参与的政府工作人员、他们的家人和可预见的证人发起审前诽谤运动。”
“没有其他刑事被告会被允许这样做，在这个案件中我也不会允许，”她说。
8月的特朗普不服罪被控通过招募一系列所谓的“假选举人”，利用司法部进行“虚假选举犯罪调查”，试图招募副总统“改变选举结果”，并在1月6日暴乱肆虐时宣传虚假的选举舞弊指控，以推翻2020年选举的结果——所有这些都是为了颠覆民主，继续掌权。
特别顾问杰克·史密斯的团队敦促法官对特朗普施加限制为了保护潜在的陪审员，引用前总统在社交媒体上关于参与他的各种法律斗争的人的行为。
在周一的听证会上，特朗普的律师称对前总统的拟议禁令为“审查”，法官予以了回击。
“我们今天在这里是因为他所做的声明，”Chutkan法官在要求休庭前说。
早些时候，在Chutkan法官审查了特朗普发表的不同类别的声明后——包括特朗普在社交媒体上的一篇帖子，其中特朗普称华盛顿是“国家肮脏和充满犯罪的尴尬”——特朗普的律师约翰·劳罗反驳说，特朗普的声明只是批评拜登政府，是关于“公共政策”
“这些说法可能是一把双刃剑，”楚特坎回答道。
劳罗一直将拟议中的封口令称为审查，然后被楚特坎打断，他说，“劳罗先生，你一直在说审查。毫无疑问，法院有权施加限制。”
“我们谈论的是确保司法公正的限制，”法官补充道。
法官特别询问了劳罗关于Trump在纽约市正在进行的欺诈审判期间发表的一篇真实社交帖子的情况，在这篇帖子中，他发布了一份关于法官的法律助理促使该案的法官发布口头命令，限制各方公开谈论他的法院工作人员。
楚特坎说，她不太担心特朗普针对自己的攻击，但表示《华盛顿邮报》让她“深感不安”，她反复要求劳罗说，他认为这种行为是否合适。
看起来很不自在的劳罗说，如果他是川普的顾问，他不会告诉川普再做类似的事情。
当法官问她是否应该执行类似于纽约州法官提出的禁止特朗普担任有关法院工作人员的公职的命令时，劳罗回答说，这样的命令没有必要，因为如果楚特坎直接警告特朗普的言论，他会听从她的指示。
“我会向我的委托人说明你刚才的建议，”劳罗说。
Chutkan法官还阅读了特朗普在社交媒体上发布的一篇帖子，该帖子暗示马克·米利将军过去可能因任职期间的行为而被处决。
"用大写字母‘死亡’来写一个可能是证人的人，是不是太过分了?"楚特坎问劳罗。
劳罗为这些言论进行了辩护，称川普显然是在指这样一个事实，即米莉的行为符合叛国罪的法律定义，而且从历史上看，这种罪行的惩罚是死刑。
“如果你认为某人应该被处决，那么不难想象当这个人的数百万追随者中的一个决定去做这件事的时候，”楚特坎说。
Chutkan还问检察官，拟议的禁言令是否会阻止特朗普公开攻击拜登政府，例如称拜登总统为“弯曲的乔·拜登”，检察官莫莉·加斯顿·加斯顿回答说，这种言论不会违反命令。
加斯顿说，另一方面，特朗普将司法部称为“不公正的部门”的攻击会引起一些担忧，因为它最终可能对陪审团产生影响。
当Chutkan法官问加斯顿，特朗普关于拜登总统指导起诉的毫无根据的声明是否会被该命令禁止时，加斯顿说不会，因为拜登不是证人。
“我坐在这里想乔治·奥威尔会对政府的提议大做文章，”劳罗在谈到拟议的命令时说道。
“乔治·奥威尔肯定会大吃一惊的，”楚特坎讽刺地回应道。
法官然后要求劳罗，一位前职业检察官，回答这样的陈述是否适合刑事案件中的任何被告。
“我想让你做的是回答我的问题，为什么刑事被告可以称检察官为‘暴徒’，”她说告诉我“暴徒”这个词在这里是怎么说的。"
“这可能不是你喜欢的词，但根据第一修正案，他有权做出这些声明，”劳罗说。
早些时候，在劳罗开始发表言论，指责政府在特朗普2024年竞选总统时发动政治行动让他保持沉默后，法官说，“让我打断你一下，劳罗先生。”
“特朗普先生是刑事被告。他面临四项重罪指控，”她说。“他必须遵守释放条件。他没有权利随心所欲地说话和做事。”
劳罗反驳了拟议中的命令，称特朗普的声明和帖子是关于“每日新闻”和与他的竞选有关的问题。
“我知道你有一个信息想要发布，”Chutkan在后来的交流中说。
劳罗继续向前推进，辩称总统乔·拜登不会因为这样的命令而被禁止公开谈论此案。
楚特坎说:“(拜登)不是本案的当事人。”。"他不受释放条件的限制。"
她后来补充道，“政治止于法院大门。”
Chutkan还质疑特别顾问办公室，如果特朗普违反任何命令，她应该实施什么样的惩罚。加斯顿回答说，惩罚可能包括家庭拘留、罚款、来自法官Chutkan本人的警告，甚至是重新考虑他的审前释放。
劳罗回应说，执行命令是“不可能的”
他还辩称，到目前为止，特朗普没有违反法院此前规定的释放条件。
“没有威胁，没有对任何证人的指控，”劳罗说。
特朗普的联邦选举干扰审判目前定于3月开始。
Judge grants limited gag order in Trump's federal election interference case
In a decision that could affect the way Donald Trump campaigns against his political opponents as he seeks to reclaim the presidency, the federal judge in Trump'sfederal election interference casehas granted part of the government's request for a narrowly tailored gag order against the former president.
In a hearing on Monday, U.S. District Judge Tanya Chutkan ruled that Trump is prohibited from making statements or "reposting" statements "publicly targeting" special counsel Jack Smith and his staff, as well as Chutkan's staff and the staff of other D.C. district court personnel.
She is additionally barring him from making statements about potential witnesses in the case and the substance of their potential testimony.
The decision represents a stunning moment in Trump's pursuit of reelection, placing a court-ordered restriction on much of the rhetoric that is central to his campaign. Among the attacks Trump has made that could be restricted by the order: calling Smith "deranged" and a "thug," and saying that then-Vice President Mike Pence did the wrong thing on Jan. 6 -- which has been his main line of attack against the former vice president.
Still to be determined is whether Trump will even abide by the order and, if he doesn't, what lengths Judge Chutkan will go to in order to enforce it.
The judge said her ruling will not prohibit Trump from publicly attacking Pence, now his political rival in the 2024 presidential race, as part of their campaign against one another -- but that Trump is now barred from making statements about Pence's actions related to the Jan. 6 certification of the 2020 vote and events leading up to theattack on the U.S. Capitol.
Judge Chutkan said she will not impose additional restrictions on statements Trump might make about Washington, D.C., or its jury pool, or statements made criticizing the government, including the Justice Department or the Biden administration.
However, Chutkan said, "His presidential candidacy does not give him carte blanche to vilify and implicitly encourage violence against public servants who are simply doing their job."
"Mr. Trump can certainly claim he's being unfairly prosecuted, but I cannot imagine any other criminal case in which the defendant is permitted to call the prosecutor 'deranged,' or a 'thug,'" she said. "And I will not permit it here, simply because the defendant is running a political campaign."
While she said Trump "may still vigorously seek public support" as a presidential candidate and criticize the Biden administration, his First Amendment rights as a criminal defendant do "not allow [Trump] to launch a pretrial smear campaign against participating government staff, their families and foreseeable witnesses."
"No other criminal defendant would be allowed to do so, and I'm not going to allow it in this case," she said.
Trump in Augustpleaded not guiltyto charges of undertaking a "criminal scheme" to overturn the results of the 2020 election by enlisting a slate of so-called "fake electors," using the Justice Department to conduct "sham election crime investigations," trying to enlist the vice president to "alter the election results," and promoting false claims of a stolen election as the Jan. 6 riot raged -- all in an effort to subvert democracy and remain in power.
Special counsel Jack Smith's team had urged the judge toimpose restrictions on Trumpin order to protect potential jurors, citing the former president's conduct on social media regarding people involved in his various legal battles.
The judge pushed back during Monday's hearing after attorneys for Trump called a proposed gag order on the former president "censorship."
"We are in here today because of statements that he's made," Judge Chutkan said before calling for recess.
Earlier, after Judge Chutkan went through different categories of statements Trump has made -- including a social media post in which Trump that called D.C. "a filthy and crime ridden embarrassment to the nation" -- Trump attorney John Lauro pushed back, saying Trump's statements were simply criticizing the Biden administration, and were about "public policy."
"Those statements can be a double-edged sword," Chutkan replied.
Lauro, who kept referring to the proposed gag order as censorship, was then interrupted by Chutkan, who said, "Mr. Lauro, you keep saying censorship. There is no question that a court is entitled to draw restrictions."
"We're talking about restrictions to ensure there is a fair administration of justice," the judge added.
The judge specifically asked Lauro about a Truth Social post Trump made during his ongoing fraud trial in New York City, in which he posted a false statement about thejudge's law clerk, prompting the judge in that case to issue an oral order restricting all parties from speaking publicly about his court staff.
Chutkan said she was less concerned about Trump's attacks targeting herself, but said the post "deeply disturbed" her and she asked Lauro repeatedly to say whether he believed such conduct was appropriate.
Lauro, who appeared uncomfortable, said that if he were advising Trump, he would not tell him to do something similar again.
When the judge asked whether she should implement an order similar to the one posed by the judge in New York that bars Trump from public posts about court staff, Lauro replied that such an order wouldn't be necessary because if Chutkan were to directly admonish Trump for his statements he would follow her directions.
"I will instruct my client along with what you've just suggested," Lauro said.
Judge Chutkan also read a social media post by Trump that suggested General Mark Milley could have been executed in the past for conduct in office.
"To write in all caps 'DEATH,' about someone who is a potential witness -- doesn't that go too far?" Chutkan asked Lauro.
Lauro defended the statements, saying Trump was clearly referencing the fact that that Milley's conduct fell within the legal definition of treason, and that, historically, the punishment for such a crime was death.
"If you suggest that someone is deserving of execution, then it's not a far stretch to imagine a situation when one of the millions of followers of this person decides to go ahead and do that," Chutkan said.
Chutkan also asked prosecutors whether the proposed gag order would prevent Trump from making public attacks on the Biden administration, such as calling President Biden "Crooked Joe Biden," to which prosecutor Molly Gaston Gaston answered that such statements would not violate the order.
On the other hand, said Gaston, Trump's attacks calling the Justice Department "The Department of Injustice" would present some concern, given the influence it could ultimately have on the jury pool.
When Judge Chutkan asked Gaston whether an unfounded statement by Trump on the prosecution being directed by President Biden would be barred by the order, Gaston said it would not because Biden is not a witness.
"I'm sitting here thinking George Orwell would have a field day" with what the government is proposing, Lauro said of the proposed order at one point.
"George Orwell would definitely have a field day," Chutkan responded back, sarcastically.
The judge then asked Lauro, a former career prosecutor himself, answer whether such statements would be appropriate from any defendant in a criminal case.
"What I want you to do is answer my question as to why a criminal defendant should be allowed to call a prosecutor a "thug," she said. "Tell me how the word 'thug' is justified here."
"It may not be the word that you like, but he's entitled under the First Amendment to make those statements," Lauro said.
Earlier , after Lauro began his remarks by accusing the government of mounting a political operation to silence Trump as he runs for president in 2024, the judge said, "Let me stop you right there, Mr. Lauro."
"Mr. Trump is a criminal defendant. He's facing four felony charges," she said. "He must comply with conditions of release. He does not have the right to say and do exactly as he pleases."
Lauro pushed back against the proposed order, saying Trump's statements and posts are about "news of the day" and about issues related to his campaign.
"I understand you have a message you want to get out," Chutkan said in a later exchange.
Lauro continued to press forward, arguing that President Joe Biden would not be barred under such an order to speak publicly about the case.
"[Biden] is not a party to this case," Chutkan said. "He's not subject to conditions of release."
She later added, "Politics stops at this courthouse door."
Chutkan also questioned the special counsel's office on what punishments should be in place should Trump violate any order, should she impose one. Gaston answered that penalties could include home detention, financial penalties, an admonishment from Judge Chutkan herself or even a reconsideration of his pretrial release.
Lauro responded that enforcement of the order would be "impossible."
He also argued Trump has not, to date, violated his conditions of release as previously imposed by the court.
"There's been no threats, no accusations against any witnesses," Lauro said.
Trump's federal election interference trial is currently scheduled to begin in March.
