Judge Chutkan is letting Trump build his own 'airtight justification' for a gag order: Legal expert

Donald Trump's judge Tanya Chutkan has scheduled a hearing to decide on the Justice Department's request to impose a gag order on former President Donald Trump to prevent him from making comments about the case that could prejudice the proceedings – but she may intentionally have left the former president enough rope to hang himself, according a legal expert.

The judge has scheduled the hearing for October 16, leaving more than two weeks before she rules.

That may have been an intentional decision, suggested former federal prosecutor Joyce Vance on X — perhaps she is testing the former president, and see what he does between now and then.

"Looks like she's giving Trump enough time to either conform his behavior or provide an airtight justification for imposing restrictions on him," wrote Vance.

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Special counsel Jack Smith filed a motion pursuing a protective order earlier this month, arguing that the former president's frequent comments attacking himself, Chutkan and various potential witnesses could be prejudicial and interfere with the ability to conduct a fair trial.

Trump reacted to the motion by taking to his Truth Social platform and engaging in yet another round of attacks on the prosecution. "Biden Prosecutor, Deranged Jack Smith, has asked the Court to limit 45th President, and leading Republican Nominee (by more than 50 points, & beating Dems!) DONALD J. TRUMP’S, PUBLIC STATEMENTS," Trump wrote at the time.

"So, I’m campaigning for President against an incompetent person who has WEAPONIZED the DOJ & FBI to go after his Political Opponent, & I am not allowed to COMMENT?"

"They Leak, Lie, & Sue, & they won’t allow me to SPEAK?" Trump continued. "How else would I explain that Jack Smith is DERANGED, or Crooked Joe is INCOMPETENT?"