Judge Chutkan Gives Donald Trump a Lifeline

Judge Tanya Chutkan offered former President Donald Trump some reassurance in her newest ruling, blocking the Department of Justice from sending him to jail for violating his gag order in his federal election interference case.

In the footnote of her Sunday opinion reinstating the gag order, Chutkan denied a request from federal prosecutors asking her to incorporate the order into Trump's conditions of release.

"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.

On Sunday, Chutkan lifted her temporary hold on the gag order after determining that "the right to a fair trial is not [Trump's] alone, but belongs also to the government and the public."

Chutkan issued the order earlier this month after special counsel Jack Smith raised concerns that Trump could intimidate witnesses and harass prosecutors in his public comments. But the order was paused on October 20 amid complaints from Trump's team that the wording was confusing and while the former president sought to have a federal appeals court toss the order altogether.

Former federal prosecutor and elected state attorney Michael McAuliffe told Newsweek that Chutkan was likely being "careful and deliberate" in her opinion because of the immense scrutiny the case has drawn.

"She certainly knows her every action, including small decisions about the gag order, will be scrutinized and appealed," McAuliffe said. "As such, she is taking a decidedly incremental approach. A good judge knows to wait until issues are ripe for resolution."

Chutkan has faced heavy criticism from Trump and his supporters, who have portrayed the case as being politically motivated. While presiding over the case, Chutkan's repeatedly been the subject of the former president's attacks.

Responding to the reinstatement of the gag order, Trump wrote on Truth Social, "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."

"Few can believe this is happening, but I will appeal," Trump said early Monday "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!"

Chutkan said in her Sunday opinion that the question of whether a statement made by Trump violates the order will be a "fact-bound inquiry" and that the court will access each alleged violation's "substance and context." However, she said the need for the court to proceed with caution on those statements does not mean that the language is confusing, as Trump's team has argued.

"The fact that it needs to do so with special care in close cases does not render the underlying Order unconstitutionally vague," Chutkan wrote. "Consequently, Defendant has failed to make a strong showing that he is likely to succeed on the merits of his appeal."

She also threw Trump a bone by not enforcing the order on Trump's recent statements about his former chief of staff, Mark Meadows, writing that while the comments "almost certainly violate the order," she would not act on it because the order had not been in effect.

Chutkan's is the second gag order that's been issued for Trump. New York Judge Arthur Engoron also placed a gag order on Trump in his civil fraud trial after the former president continued to make public statements about the judge's clerk and other court staff. Thus far, Trump has been fined a total of $15,000. The trial remains ongoing.