Can a Federal Court Shut the Biggest Mouth in America?

Trump and his legal team contended that the order was an unconstitutional effort to silence the constitutionally protected speech of a candidate for office. What’s more, they insisted, Smith and his team had not presented “one shred of evidence to demonstrate…let alone enough to establish” any “clear and present danger” to the orderly administration of justice in the pending January 6 proceedings. Chutkan again wasn’t buying it: “In what kind of case do you think it would be appropriate for a criminal defendant to call the prosecutor a thug and stay on the streets?” she asked Lauro. “‘Will no one rid me of this meddlesome priest?’ comes to mind.”

As for the claims of shutting down Trump’s First Amendment rights, Chutkan reiterated that Trump was receiving the same treatment anyone in his position would: “Mr. Trump is a criminal defendant. He is facing four felony charges. He is under the supervision of the criminal justice system and he must follow his conditions of release. He does not have the right to say and do exactly what he pleases.”