A number of legal experts have sounded off about whether a pair of federal judges can actually limit what Donald Trump says publicly about the cases filed against him as he runs for president again.
The experts said that between Trump’s First Amendment rights and the fact that he’s a bona fide presidential candidate — and leading his party’s nomination at the moment — it could be very difficult for a federal judge to order him to remain silent about aspects of his cases, the Daily Caller reported.
The outlet said:
Fulton County Superior Court Judge Scott McAfee issued an order on August 21 prohibiting the former president from engaging in any acts of “intimidation,” whether through direct or indirect means, aimed at witnesses and other parties associated with the Georgia case, according to a court document. The order includes Trump’s social media posts and even his reposts of other people’s content. Moreover, Trump cannot communicate directly about the facts of the case with any co-defendant except through legal counsel.
Additionally, U.S. District Judge Tanya Chutkan issued a protective order on August 11 to restrict Trump’s speech about “sensitive materials” in the Washington, D.C. indictment for his conduct related to the 2020 election. “Sensitive materials” often include witness interviews and recordings of conversations.
“It will take an awful lot for Judge Chutkan to jail Trump, and you can bet he will push the line as far as he can,” said University of Michigan law professor Barbara McQuade in an interview with the Washington Post. “It is a win-win situation for him. If he is not gagged and jailed, he can disparage prosecutors and witnesses with impunity. If he is jailed, he can portray himself as a victim of persecution.”
Article III Project founder Mike Davis added in an interview with the Daily Caller: “The fact that he’s a presidential candidate absolutely gives him enhanced First Amendment protections. This is core political speech.”
”While no judge is spoiling for a fight with Trump, judges cannot let defendants flout orders or the justice system is compromised,” added Joan Meyer, partner at the law firm Thompson Hine LLP, in remarks to the DC. “Trump is not above the law, and if he tries to test that too aggressively, he may find himself in violation.”
Still, because he’s running for president means he will have a lot of leeway to speak, according to the founding professor of Nova Southeastern University Law Center Bruce Rogow.
“Trump, of course, is in a unique situation, and he can, as a candidate, rail against the prosecution generally, and he will not be sanctioned,” Rogow told the outlet.
“Indeed, the prosecution is an important part of his political performance as a candidate, so while most defendants would be careful not to antagonize the court, the prosecutors, he will find that useful,” he added.
