Donald Trump said he’s “willing to go to jail” to protect democracy in the U.S., after a judge imposed a narrow gag order against the former president ahead of the federal trial of his alleged attempts to overturn the 2020 election results.
Trump made the remarks at a 2024 campaign rally in Clive, Iowa, soon after Judge Tanya Chutkan placed restrictions on what the former president can say about his case ahead of the trial in March 2024. He was barred from attacking prosecutors, possible witnesses and court staff.
The frontrunner in the 2024 GOP presidential primary, Trump has pleaded not guilty to four charges as part of Special Counsel Jack Smith‘s investigation into the events that led up to the January 6 attack. He has frequently claimed the case is a politically motivated attempt to stop him beating President Joe Biden at the next election.
The real estate tycoon and his legal team also claimed any gag order, a common step in criminal cases, would violate Trump’s First Amendment rights amid his latest bid for the White House, with Trump’s campaign team suggesting that Biden was behind the gag order requests in a Monday statement.
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Speaking to his supporters in Iowa, Trump again suggested the move to impose a narrow gag order in the federal trial was part of an attempt to hinder his chances of winning the 2024 election, and he said he’s willing to go to jail to protect democracy “if that’s what it takes.”
“They’re getting beaten very badly by me in the polls. They think the only way they can catch me is to stop me from speaking,” Trump said.
“They want to take away my voice and a judge gave a gag order today. Did you hear that? On speech, which I believe is totally unconstitutional what she did. A judge gave a gag order, a judge doesn’t like me too much.
“Her whole life is not liking me, but she gave a gag order. You know what a gag order is? You can’t speak badly about your opponent. But this is weaponry all being done because Joe Biden is losing the election and losing very, very badly to all of us in the polls. He’s losing badly.
“But what they don’t understand is that I am willing to go to jail if that’s what it takes for our country to win and become a democracy again,” Trump added, prompting cheers from the audience.
Trump’s office has been contacted for further comment via email.
While announcing the gag order on Monday, Chutkan said Trump is free to defend himself and claim the case is politically motivated, even criticize the Justice Department generally, but the former president can’t mount a “pre-trial smear campaign” against government staff, their families, or potential witnesses.
“No other criminal defendant would be allowed to do so, and I’m not going to allow it in this case,” Chutkan said.
Trump has frequently attacked Chutkan and Smith in social media posts and statements, including calling the special counsel “deranged.”
During Monday’s hearing, assistant special counsel Molly Gaston argued to the judge that Trump’s attacks on those involved in the case should not be considered part of his 2024 bid.
“He isn’t campaigning—he’s using his campaign to intimidate witnesses and pollute the jury pool,” Gaston said.
Chutkan warned that she would impose “sanctions as may be necessary” if the gag order is violated. Those found breaking orders imposed by a judge could face a fine or even possible jail time.
However, it’s unlikely that the judge would jail a former president in such a case due to the potential political backlash.
“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,” Joshua Ritter, a criminal defense attorney, previously 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.”
In posts on Truth Social, Trump accused the federal case of being a “witch hunt” against him and he said that he would appeal the gag order.
“A TERRIBLE THING HAPPENED TO DEMOCRACY TODAY,” he added in reference to Chutkan’s decision.
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