Donald Trump was issued a gag order in New York by Judge Engoron this week not to comment about his court staff—after the former president attacked a clerk on Truth Social.
Trump's prolific use of social media has also been in the mind of the other judges and prosecutors across his several indictments.
While Engoron's order in New York marks the latest attempt to curb the former president's speech, others have already taken steps to limit Trump's commentary.
Judge Engoron's Fraud Case Gag Order
In a since-deleted post to Truth Social, Trump shared a photo of attorney Allison Greenfield in which she appeared with Democratic Senate Majority Leader Chuck Schumer. The former president argued that this was grounds for the case to be dismissed and suggested, without evidence, that Greenfield and Schumer were romantically involved.
In response, Engoron issued a gag order against Trump and his legal team, barring them from publicly discussing members of his staff. Violation of the order would result in "swift and meaningful sanctions," according to reporter Ana Cabrera.
"Personal attacks on members of my court staff are unacceptable and inappropriate, and I won't tolerate it," Engoron said. "Consider this statement a gag order forbidding all parties from posting emailing or speaking publicly about any of my staff."
Judge Chutkan's Election Case Order
In August this year, Department of Justice's Special Counsel Jack Smith requested a protective order regarding which evidence in Trump's election interference indictment, issued in Washington, would be allowed to be discussed publicly.
It was filed prior to providing Trump's defense team with a discovery of evidence that would be used against him in trial, which may contain personal information regarding the witnesses who spoke with prosecutors or may testify in court against Trump.
The DOJ stated in its order request that it was prepared to provide Trump's defense team with a "substantial" amount of evidence once protections were ensured.
Judge Tanya Chutkan, who is overseeing the federal case against the former president for his alleged efforts to overturn the last election, granted a more limited protective order than the one sought by prosecutors.
Only material deemed "sensitive" was covered by the protective order, although Chutkan established that any witness interviews and recordings included in the investigation are also prohibited from being shared outside of Trump's defense team.
However, Chutkan did warn Trump that repeated "inflammatory" statements regarding his latest indictment could lead to a speedy trial in the 2020 election case.
"I caution you and your client to take special care in your public statements about this case," Chutkan told Trump lawyer John Lauro at the hearing, according to a report from Politico. "I will take whatever measures are necessary to safeguard the integrity of these proceedings."
Judge Cannon's Classified Material Order
Last month, Judge Aileen Cannon also issued a protective order which, although not strictly a "gag", did limit which classified documents Trump and his legal team would be able to access at his Mar-a-Lago estate, while also underlining the security of that data.
Cannon is the presiding judge in Trump's indictment over the mishandling of classified documents after leaving the White House. Trump has pleaded not guilty to seven criminal charges.
The former president's lawyers had asked for permission to establish a sensitive compartmented information facility "at or near" Mar-a-Lago, where they could view the classified documents the former president is accused of mishandling.
Cannon later issued the protective order which stated Trump would only be able to view the papers at a secure facility, although it did not specify where that would be.
The order also reiterated that classified documents or information would remain classified, stating, "Any classified information provided to the defense by the government or the Defendant is to be used solely by the defense and solely for the purpose of preparing the defense."
Judge Merchan's Hush Money Case Order
Judge Juan Merchan, presiding in the criminal case in which Trump is facing 34 charges of falsifying business records relating to an alleged hush payment to adult film star Stormy Daniels before the 2016 presidential election, also posted a protective order concerning evidence.
In May this year, Merchan issued the order preventing Trump from posting evidence on social media as well as requiring certain evidence to be kept by Trump's lawyers for him to review but restricting him from making copies of it.
Trump himself was ordered to appear at a hearing in May to "make clear" that "he risks being held in contempt if he violates" the rules.
Merchan, however, publicly resisted the notion that this amounted to a gag order, stating Trump was "free to do just about anything that doesn't violate the specific terms of this protective order."
Jack Smith Seeks Gag Order
Special Counsel Jack Smith is currently waiting to hear whether Judge Chutkan will also apply a "narrowly tailored" gag order against Trump in the case surrounding the former president's alleged efforts to overturn the 2020 presidential election.
Filed in September, the order, if granted, would bar Trump from making "inflammatory" or "intimidating" comments about anyone involved in the case, including attorneys and potential witnesses.
Trump's legal team filed an argument against the order, saying that it was a direct attempt by the Biden administration to hinder Trump's 2024 presidential campaign. Smith responded with a separate court filing citing a social media post Trump made suggesting retired U.S. Army General Mark Milley should be executed for "treason."
A hearing with Judge Chutkan is set for October 16, 2023.
Uncommon Knowledge
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
