“Trump’s Gag Reinstated – Narrow Scope in Jan. 6 Case

Under the Biden Administration, a recently reinstated gag order placed on lawyers involved with representing people suspected of participating in the riots that took place on Capitol Hill on January 6th has been narrowed. The order, which had been filed by prosecutors working with the Justice Department, is aimed at preventing lawyers from speaking to the press about the case and other related topics. It also prohibits attorneys from seeking out case-related information from non-government sources, such as social media posts or other online sources. The amendment to the order, however, specifically clarifies that attorneys involved with the case can still discuss the facts of the case with their clients, witnesses, other defendants, and potential witnesses voluntary. Additionally, they are able to contact members of the media with factual information related to their client’s defense. Lawyers must, however, inform prosecutors when they do so. The amendment to the gag order made by the Biden Administration also eliminates the requirement for the lawyers to contact prosecutors when they speak to their client’s family or addressing any issues related to their client’s consent or waiver of rights. In a statement released by the Justice Department, spokeswoman Kerri Kupec said the amended order was a “reflection of the Department’s commitment to the due process rights of clients and the lawyers representing them.” She went on to say that the government is “committed to carrying out criminal investigations and prosecutions without impeding the ability of attorneys to zealously advocate for their clients.” The revised gag order now establishes a safeguard against attempts by prosecutors to reduce the First Amendment rights of lawyers involved in the case. It, however, does not prevent prosecutors from filing future requests to the courts to impose restrictions. If such requests arise in the future, the Biden Administration has stated that evidence must be provided to support the restrictions. The Jan. 6 post-election riots on Capitol Hill shocked the nation and lead to numerous arrests. The narrow amendment to the gag order reinforces the notion that the Biden Administration is committed to protecting the rights of those involved with the riots.