President Trump’s flurry of attacks against prosecutors, the Department of Justice, and the court system are raising the question of whether his rhetoric could lead to a judge issuing a gag order

Following his indictment on charges related to the events of January 6, 2021, at the Capitol, Mr. Trump launched into action on social media, calling President Biden “crooked,” Special Counsel Jack Smith “deranged,” and even calling for a “Federal TAKEOVER” of Washington, D.C.

“The latest Fake ‘case’ brought by Crooked Joe Biden and Deranged Jack Smith will hopefully be moved to an impartial Venue, such as the politically unbiased nearby State of West Virginia,” Mr. Trump said in a Truth Social post. 

Mr. Trump has also claimed that, under the direction of Mr. Biden, Attorney General Garland is bringing as many charges “as can be concocted so that he is forced to spend large amounts of time and money to defend himself.”

“The Dems don’t want to run against me or they would not be doing this unprecedented weaponization of ‘Justice.’ BUT SOON, IN 2024, IT WILL BE OUR TURN. MAGA,” Mr. Trump said.

These apparent promises to “weaponize” the justice department if and when he is elected president, alongside his previous calls for taking over Washington, D.C., raise the question of whether Mr. Trump’s behavior might earn him a gag order from Judge Tanya Chutkan, who is overseeing his case.

In other cases involving Mr. Trump, the threat of a gag order had been brought up, such as in the hush money case at Manhattan, where the prosecution asked for such an order to be imposed over what they characterized as “threatening and escalating” social media posts concerning the case and people involved.

In the classified documents case in Florida, the justice department also requested another protective order barring the former president from disclosing classified information relating to the case.

In the January 6 case, a gag order would not only have a potential impact on his case but also on his campaign, as the many legal proceedings in which Mr. Trump is embroiled have become a main talking point on the campaign trail. 

In one recent post, Mr. Trump touted his legal issues, posting an image reading, “In reality they’re not after me they’re after you — I’m just in the way.”

The president-elect at the New York County Lawyers Association, Richard Swanson, tells the Sun that Mr. Trump’s rhetoric would likely have to escalate to calling for violence in order for Judge Chutkan to issue a gag order.

“I don’t see the judge issuing a gag order here because of the political and election implications,” Mr. Swanson said. “Elections are fought in the public domain.”

Mr. Swanson explained that issuing a gag order could influence the election, especially considering Mr. Trump’s propensity to discuss his legal issues on the campaign trail, and so he suspects she would only reserve such a maneuver for the most extreme rhetoric.

“If I were the judge, before I would issue the gag order I would need to see evidence of threats against the courthouse or particular individuals such as the judge or Mr. Smith himself,” Mr. Swanson said.

Mr. Swanson contrasted Mr. Trump’s situation with that of the FTX founder, Sam Bankman-Fried, who recently had a gag order imposed on him over allegations of witness tampering.

Two key differences between Mr. Trump’s and Mr. Bankman-Fried’s situations, in Mr. Swanson’s assessment, is that Mr. Bankman-Fried is alleged to have taken concrete steps to extra-legally influence his case’s proceedings and he is not currently seeking public office.