Even Trump-hating Judge Tanya Chutkan couldn’t stomach unprecedented prospect of jailing former president for exercising his First Amendment rights during 2024 presidential race.
Joe Biden’s Department of Justice requested former President Donald Trump be thrown in jail for violating his gag order in his federal case over the 2020 election, but the anti-Trump Washington, D.C., judge denied the request.
U.S. District Judge Tanya Chutkan reinstated her gag order against Trump on Sunday but rejected the DOJ’s request to jail him for violating it last week.
“Even assuming that request is procedurally proper, the court concludes that granting it is not necessary to effectively enforce the Order at this time,” she wrote.
Chutkan issued the order earlier this month after special counsel Jack Smith complained Trump could intimidate witnesses and harass prosecutors with his public criticisms.
Former federal prosecutor Michael McAuliffe claimed Chutkan was being “careful and deliberate” in her decision to turn down the DOJ’s request to jail Biden’s main political opponent.
“She certainly knows her every action, including small decisions about the gag order, will be scrutinized and appealed,” McAuliffe told Newsweek. “As such, she is taking a decidedly incremental approach. A good judge knows to wait until issues are ripe for resolution.”
Former White House lawyer Ty Cobb had predicted Monday that Trump would likely face jail time for violating Chutkan’s gag order.
“I think she’ll come in with a much heavier penalty, and ultimately, I think he’ll spend a night or a weekend in jail,” he claimed. “I think it’s gonna take that. I think it’ll take that to stop him.”
“Wow, that’ll be an incredible thing to actually see happen.” Ty Cobb, Trump’s former White House lawyer, predicts Trump will be sent to jail for violating a gag order. (Video: CNN) pic.twitter.com/0s95iAqYvx
— Mike Sington (@MikeSington) October 31, 2023
Trump said Sunday on Truth Social that Chutkan’s reinstatement of her gag order against him was unconstitutional and that he would appeal the ruling.
I have just learned that the very Biased, Trump Hating Judge in D.C., who should have RECUSED herself due to her blatant and open loathing of your favorite President, ME, has reimposed a GAG ORDER which will put me at a disadvantage against my prosecutorial and political opponents. This order, according to many legal scholars, is unthinkable! It illegally and unconstitutionally takes away my First Amendment Right of Free Speech, in the middle of my campaign for President, where I am leading against BOTH Parties in the Polls. Few can believe this is happening, but I will appeal. How can they tell the leading candidate that he, and only he, is seriously restricted from campaigning in a free and open manner? It will not stand!
“Why didn’t they start the totally political BIDEN INDICTMENTS & COURT CASES Three (3) Years Ago, instead of the MIDDLE OF MY CAMPAIGN??? Third World Country-ELECTION INTERFERENCE!!!” he added.
Chutkan’s is the second gag order that’s been imposed against Trump.
New York Judge Arthur Engoron also placed a gag order on Trump in his civil fraud trial after the former president made public statements about the judge’s clerk and other court staff.
Notably, the media doesn’t seem at all concerned or suspicious about the fact that the government’s top law enforcement agency under Biden’s control tried to jail his main political opponent amid a presidential election race without due process.