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The judge in Donald Trump's federal election tampering trial may have to reimpose a gagging order after he openly discussed a potential key witness at the weekend.
U.S. District Judge Tanya Chutkan in Washington D.C. temporarily put a stay on the gagging order on Friday.
In a post on the social media site, Truth Social, on Sunday, Trump continued to claim that the 2020 election was stolen, while also commenting about attorney Sidney Powell, his co-defendant in the Georgia election tampering case. Powell, who sat in on Oval Office meetings, took a plea deal in the Georgia case last week and may now have to testify in Atlanta against Trump and others. She may also be called as a witness in the federal case overseen by Chutkan.
"Sidney Powell was one of millions and millions of people who thought, and in ever increasing numbers still think, correctly, that the 2020 Presidential Election was RIGGED & STOLLEN, AND OUR COUNTRY IS BEING ABSOLUTELY DESTROYED BECAUSE OF IT!!!" Trump wrote on Truth Social on Sunday.
"Despite the Fake News reports to the contrary, and without even reaching out to ask the Trump Campaign, MS. POWELL WAS NOT MY ATTORNEY, AND NEVER WAS," he then claimed.
The former president and frontrunner for the 2024 GOP presidential nomination has pleaded not guilty to all charges in both the federal and Georgia cases.
Chutkan is to hear from prosecutors and Trump's lawyers this week on whether to stay the gagging order for a longer period while Trump appeals it to a higher federal court.
Legal analyst Lisa Rubin wrote on X, formerly Twitter, on Sunday that Trump's Truth Social post places Chutkan in a difficult position as Powell is "a potential witness" in the federal case against Trump for alleged election tampering.
"Given what is arguably a violation of the now-stayed order, what does she do next? Lift the administrative stay and deny a longer term stay pending appeal before she even hears from the Special Counsel?
"Wait for [special counsel] Jack Smith's team brief to complain about the Powell post?"
"Whatever route she takes, it seems increasingly unlikely to me that Chutkan just lets Trump's statements about Powell lie throughout this week and until she is ready to issue a written opinion on his stay application," Rubin wrote.
Chutkan gave the Justice Department until Wednesday to respond to Trump's request for a longer hold on the gag order and gave Trump's legal team until the following Saturday to respond.
Trump has already appealed the gag order to the D.C. Circuit Court of Appeals and in a 33-page filing on Friday, his attorneys urged Chutkan to pause the order while that appeal plays out.
The order, which was limited in scope, had prohibited Trump from making certain types of statements about the special counsel's team or potential witnesses, including any comments that directly targeted court personnel, potential witnesses or the special counsel and his staff.
Powell reached a deal with Fulton County prosecutors last Thursday, agreeing to cooperate with the investigation in exchange for a six-year probation sentence, a $6,000 fine and a written apology to Georgia residents.
Former Trump attorney Kenneth Chesebro took a plea deal in the Georgia case on Friday when he pleaded guilty to one felony count of conspiracy to file false documents. As part of the deal, he will have to testify at future trials.
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About the writer
Sean O'Driscoll is a Newsweek Senior Crime and Courts Reporter based in Ireland. His focus is reporting on U.S. law. ... Read more