Judge Chutkan Poised to Receive Huge Boost Against Donald Trump

The gag order on Donald Trump imposed by U.S. District Court Judge Tanya Chutkan in his election interference case is likely to be extended by a three-judge panel during a hearing on Monday, according to a prominent legal expert, which could also strengthen her ability to enforce it.

Chutkan imposed the order in October banning Trump from targeting court staff, special counsel Jack Smith and his team or potential witnesses. The order was briefly lifted following an appeal from Trump's legal team before being reimposed almost immediately after the former president used the time to hit out at Mark Meadows on Truth Social, following reports he will be granted immunity to testify before the grand jury.

In the case being overseen by Chutkan, Trump has pleaded not guilty to four charges: conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights. All four relate to claims Trump broke the law attempting to overturn the 2020 presidential election result, which he continues to baselessly insist was rigged against him despite this claim being repeatedly rejected in court.

Joyce Vance, a former U.S. attorney for the northern district of Alabama turned MSNBC legal commentator, discussed Chutkan's gag order on Trump on X, formerly Twitter, on Tuesday.

She wrote: "If, as seems likely after oral argument to a 3-judge panel, the DC Circuit Court affirms Trump's gag order at least in part, it will also be endorsing Judge Chutkan's ability to enforce it if Trump violates the order as trial draws closer.

"Trump would do well to take note and restrain himself if this happens. But there is little doubt that he will continue to try and exploit the situation politically, while pushing to delay trial until after the election. We are, as we frequently note, in uncharted waters.

"That there's little precedent involving a presidential candidate who threatens judges, prosecutors, witnesses & others while indicted underlines just how bizarre & reckless Trump's conduct is—in other words, why there needs to be a protective order."

Trump's legal team is seeking to overturn the gag order in its entirety, a position described as "extreme" by former federal prosecutor Renato Mariotti.

In a post on X, he said: "Trump's lawyer is deliberately taking an extreme position. The judges are considering whether to modify Judge Chutkan's gag order or if she could make factual findings to support her order. Trump's lawyer doesn't want the order modified. He wants to fight the order as-is."

Newsweek reached out to Donald Trump for comment via the press inquiry form on his official website.

Trump had also been subject to a gag order banning him from criticizing court officials in his ongoing civil fraud trial in New York, but this was lifted by a state intermediate appeals court on November 16.

While the order was in place, Trump was fined twice, coming to a total of $15,000, for breaking it. Trump, his adult sons and the Trump Organization are accused of fraudulently inflating their assets to receive more favorable bank loans, though as the trial is civil, there is no prospect of any of the defendants facing prison if convicted.