Donald Trump could face legal consequences after sharing posts on social media attacking the judge overseeing his January 6 trial, experts have warned.
On Sunday, Trump shared a post on Truth Social from right wing activist and lawyer Mike Davis which falsely accused U.S. District Judge Tanya Chutkan of having "admitted" she is engaging in election interference against the frontrunner for the 2024 GOP presidential nomination while overseeing the federal proceedings.
Trump also shared a quote from Chutkan early on Monday which she gave in October 2022 while sentencing a woman, Christine Priola, in connection with the Capitol riot when the judge suggested her offending was the result of "blind loyalty to one person who, by the way, remains free to this day."
"She obviously wants me behind bars. VERY BIASED & UNFAIR," Trump added in a follow up post.
Former President Donald Trump waves to the crowd on the 16th tee during day three of the LIV Golf Invitational - Bedminster at Trump National Golf Club on August 13, 2023 in Bedminster, New Jersey. The former president could face legal consequences after sharing social media about the judge overseeing his January 6 trial. Mike Stobe/Getty Images
Chutkan warned the former president and his attorney about Trump's "inflammatory" statements during a Friday hearing on whether to impose a pre-trial protective order. Federal prosecutors argued the motion was needed to stop Trump from publicly discussing evidence or intimidating potential witnesses in the case.
In her ruling granting a protective motion, which is common in most criminal cases, Chutkan dismissed Trump's lawyer's suggestions that the order would violate his First Amendment right to free speech and made clear he would be treated as any other defendant, even while he is on presidential campaign.
Chutkan also warned that any violation of the order or potentially harmful public comments could result in her arranging for a speedy trial to reduce the risk of a tainted jury pool or witness intimidation.
"What the effects of my order are on a political campaign are not going to influence my decision. This is a criminal trial," Chutkan said.
"The more a party makes inflammatory statements about this case which could taint the jury pool or intimidate potential witnesses, the greater the urgency will be that we proceed to trial to ensure a jury pool from which we can select an impartial jury."
Legal experts have now suggested that Trump may be spoken to by the judge over his latest social media postings. Trump's legal team has been contacted for comment via email.
"It would not surprise me if Judge Chutkan called a hearing, with Trump's presence, given his new remarks," Neal Katyal, lawyer and former acting U.S. solicitor general, posted on X, formerly Twitter.
Retired attorney @TirahAtt explained the potential consequences Chutkan could impose over Trump's social media posting during the next pre-trial hearing on August 28 to discuss a potential trial date.
"If he's [Trump] been particularly aggressive in his posting, she might set an early trial date at the conference (but we won't know if she would have set such a date anyway)," she posted on X. "And of course If he violates the protective order or goes after witnesses, she might call him or his lawyers in before the 28th to read him the riot act/modify the protective order etc."
Former Pentagon Special Counsel Ryan Goodman also shared a screengrab of Trump's Truth Social post on X while making reference to Chutkan's previous "inflammatory" warning.
On Friday, August 11, 2023, Judge Chutkan:
“The more a party makes inflammatory statements about this case which could taint the jury pool … the greater the urgency will be that we proceed to trial quickly.”
On Sunday, August 13, 2023, former President Trump👇 pic.twitter.com/Ud0WEn7Im8 — Ryan Goodman (@rgoodlaw) August 13, 2023
If the judge rules that Trump violated the protective order, the former president could be found in contempt of court and face a fine or possible jail time.
However, Joshua Ritter, a criminal defense attorney in Los Angeles, previously said it is unlikely Trump would be jailed if found to have broken the terms of the order with his social media posts.
"Usually, if the judge feels the defendant has violated a protective order, she will haul everyone into court and give a real tongue lashing against the defendant and warn him of the severity and the seriousness of it," Ritter told Newsweek.
"If the violation isn't something tremendously serious and is more along the lines of pushing the envelope, then it will likely end with that warning."
Sanseriouz on August 14th, 2023 at 12:12 UTC »
These are meant to incite violence against the judge. He needs to be thrown into a holding cell with no access to technology and only allowed visits by his legal counsel.
Deconratthink on August 14th, 2023 at 11:56 UTC »
He is daring the judge. He is endangering the judge and prosecution and daring them to do something about it. Double dog dare ya?
Armoured_Boar on August 14th, 2023 at 11:47 UTC »
I know if I shared a crazy conspiracy theory about a judge trying me I would already have been held in contempt of court by now