NEW: Trump Demands Gag Order Be Revoked Claiming ‘No Proof’ His Attacks Caused Threats — Judge Lifts Temporarily
Former President Donald Trump’s lawyers demanded Federal District Judge Tanya Chutkan. revoke the gag order she imposed Monday — and the judge temporarily lifted the order pending her ruling.
In September, Special Counsel Jack Smith filed a motion for a limited gag order, then filed a new motion in support of that proposed order responding to opposition from Trump attorneys and citing a raft of more recent events to underscore the urgency — including his now-infamous remarks about General Mark Milley.
On Monday, Judge Chutkan issued a narrow gag order that Trump immediately attacked. In a new filing, Trump’s lawyers demanded the order be revoked using a variety of reasons, including the claim that although threats followed statements by Trump, there’ “no proof” the statements caused the threats:
In entering the Gag Order, the Court relied heavily on the anticipated reactions of unidentified, independent third parties to President Trump’s speech. The Court found that “when Defendant has publicly attacked individuals, including on matters related to this case, those individuals are consequently threatened and harassed.” Id. at 2. But the Court cited no evidence that President Trump’s statements—as distinct from the statements of millions of others—caused such alleged threats or harassment, let alone that the statements were directed to inciting imminent lawless action.
On Friday, Judge Chutkan issued a temporary stay, writing:
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. It is FURTHER ORDERED that the government shall file any opposition to Defendant’s Motion by October 25, 2023, and that Defendant shall file any Reply by October 28, 2023. Signed by Judge Tanya S. Chutkan on 10/20/2023.
Last Monday, Trump attacked the judge within hours of the imposition of the gag order.
