Donald Trump Will Be Jailed for Violating Gag Order, Former Attorney Says

Donald Trump could face jail time after appearing to violate a gag order, a former attorney has said.

The former president used Truth Social on Monday to attack a number of key figures involved in his federal election subversion criminal case after Judge Tanya Chutkan reinstated the order, meaning he is limited in what he can say publicly about it.

Under the gag order, which was issued after prosecutors raised concerns Trump could intimidate witnesses or encourage harm against prosecutors through his public comments, Trump may not target court personnel, potential witnesses, or special counsel Jack Smith and his staff in public statements.

Nevertheless, in one post, Trump attacked Smith, who is prosecuting the case, and Chutkan. "The Obama-appointed federal judge in D.C., a TRUE TRUMP HATER, is incapable of giving me a fair trial," Trump wrote. "Her hatred of President DONALD J. TRUMP is so great that she has been diagnosed with a major, and incurable, case of TRUMP DERANGEMENT SYNDROME!"

Former President Donald Trump photographed on October 28, 2023, in Las Vegas, Nevada. A former White House attorney has suggested he could be jailed for breaking a gag order. Photo by Ethan Miller/Getty Images

In another post, he attacked his former attorney general and a potential witness, William Barr.

"I called Bill Barr Dumb, Weak, Slow Moving, Lethargic, Gutless, and Lazy, a RINO WHO COULDN'T DO THE JOB," Trump said.

Responding to his social media activity, former White House lawyer Ty Cobb told CNN's Erin Burnett on Monday night that he believes Trump will "spend a night or a weekend in jail" for violating the order.

"I think it's going to take that," Cobb said. "I think it'll take that to stop him."

Earlier this month, Trump was fined $10,000 for violating a gag order in his business civil fraud lawsuit for telling reporters that the judge involved in the case, New York Supreme Court Justice Arthur Engoron, was "very partisan."

Cobb said that as Trump's latest comments are in a federal case, there could be more significant penalties than a fine.

"That's in a civil case," Cobb said of the New York lawsuit. "That's not as consequential as Judge Chutkan's case. I think she'll come in with a much heavier penalty, and ultimately, I think he'll spend a night or a weekend in jail."

Newsweek reached out to representatives for Trump via email for comment.

Trump has repeatedly complained about the gag order, which was frozen for nine days when he appealed it before it was reinstated yesterday.

He has said in court that the order infringes on his right to free speech and limits his ability to discuss the case on the campaign trail.

The former president now faces two gag orders barring him from discussing aspects of his legal cases in public.