On Wednesday, January 6, 2021, U.S. District Judge Amy Berman Jackson reinstated the ‘gag order’ on former President Donald Trump in a case involving an effort to obtain monetary damages from his campaign in connection with the storming of the U.S. Capitol.
This was the first court ruling concerning President Trump since the 2021 presidential election, when Joe Biden was declared the victor. The case revolved around a motion, filed by Trump lawyers, to narrow the scope of the gag order, which the judge ultimately granted.
The gag order initially issued in July of 2020 barred the former President, his aides, surrogates, and defenders, from making comments about the case in public. It was meant to keep all involved parties from influencing potential witnesses or making statements that could affect the outcome of the trial.
The motion, filed by the defense attorneys, argued that the first restrictions were too broad and would impede Trump’s ability to respond to criticisms of his actions. Judge Jackson agreed and stated that Trump and his lawyers now have “the narrow discretion” to address the pending case.
However, she also warned that Trump must adhere “scrupulously” to her order said he must avoid discussion of sensitive facts and witnesses in the case and district court rules. In addition, she emphasized that if “[the] defendants were to make comments that had a reasonable probability of resulting in the intimidation of witnesses, the Court would be forced to consider reinstatement of the gag order in its entirety.”
The judge’s revised decision – allowing Trump to defend himself while maintaining the full force of the gag-order to prevent witness intimidation – is seen as a major victory by many of his supporters. It was also seen as a welcome move by those hoping for a resolution to the ongoing controversy surrounding the former President’s involvement in the Capitol siege.
Overall, the amended gag order may provide the accountability that the public is seeking regarding the Capitol riot, while still protecting the rights of Trump to defend and respond to the allegations in the best way possible.