The Department of Justice (DOJ) is redoubling its efforts to secure a gag order on former President Donald Trump, citing his comments about the death penalty and Chairman of the Joint Chiefs of Staff Mark Milley.
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| Former President Donald Trump points to his supporters as he arrives at Atlantic Aviation CHS in North Charleston, South Carolina. (AP Photo/Artie Walker Jr.) |
In a motion filed on Friday, the DOJ asked a federal judge to block Trump from discussing the January 6th attack on the Capitol, arguing that his comments are "prejudicial" and could "taint the jury pool" in the upcoming trials of the rioters. The DOJ also argued that Trump's comments could "incite violence" and "undermine public confidence in the judicial system."
Trump has repeatedly made inflammatory comments about the January 6th attack, calling the rioters "patriots" and saying that they should not be prosecuted. He has also criticized Milley, calling him a "traitor" and saying that he should be court-martialed.
The DOJ's motion is likely to be contested by Trump's lawyers, who will argue that he has a First Amendment right to free speech. However, the judge could grant the DOJ's request if he finds that Trump's comments are likely to prejudice the trials of the rioters or undermine public confidence in the judicial system.
The DOJ's request for a gag order is a significant step. Gag orders are typically only granted in cases where there is a clear and present danger that the speech in question will cause harm. The DOJ's request suggests that the DOJ believes that Trump's comments about the January 6th attack pose a serious threat to the judicial process.
The judge's decision on the DOJ's motion will be closely watched by both sides in the January 6th investigation. If the judge grants the DOJ's request, it will be a major setback for Trump and his allies. However, if the judge denies the DOJ's request, it will be a victory for Trump and his right to free speech.
Implications of a Gag Order on Trump
If the judge grants the DOJ's request for a gag order, it would mean that Trump would be prohibited from discussing the January 6th attack in public. This would include making statements on social media, giving interviews, and holding rallies.
A gag order would be a significant restriction on Trump's First Amendment right to free speech. However, it is important to note that the First Amendment is not absolute. The government can restrict speech if it has a compelling interest to do so and the restriction is narrowly tailored to achieve that interest.
In this case, the DOJ is arguing that it has a compelling interest in protecting the integrity of the judicial process. The DOJ argues that Trump's comments about the January 6th attack could prejudice the trials of the rioters or undermine public confidence in the judicial system.
If the judge finds that the DOJ has a compelling interest and that the gag order is narrowly tailored to achieve that interest, then he could grant the DOJ's request. However, if the judge finds that the DOJ does not have a compelling interest or that the gag order is not narrowly tailored, then he would likely deny the DOJ's request.
The DOJ's request for a gag order on Trump is a significant development in the January 6th investigation. The judge's decision on the DOJ's request will be closely watched by both sides. If the judge grants the DOJ's request, it would be a major setback for Trump and his allies. However, if the judge denies the DOJ's request, it would be a victory for Trump and his right to free speech.
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