Violations of Gag Orders: A Look at Notable Cases and Consequences
ICARO Media Group
In a recent report by The Washington Post, several high-profile cases involving violations of gag orders have come to light, shedding light on the potential consequences for those involved. Former President Donald Trump, who currently faces two partial gag orders related to his upcoming trial in Washington, D.C., and a civil fraud case in New York, was fined $5,000 for violating the New York order. This incident has sparked interest in other notable cases where gag orders were violated, either by defendants or other individuals involved in the proceedings.
One prime example is that of Roger Stone, a longtime confidant of Trump. In 2019, Stone was indicted for lying to Congress and covering up his attempts to obtain hacked Democratic emails during the 2016 election. U.S. District Judge Amy Berman Jackson imposed a gag order prohibiting all parties from making potentially prejudicial statements or interfering with the administration of justice. However, Stone posted a photo on Instagram that depicted Judge Jackson with what appeared to be rifle scope crosshairs near her head. As a result, the judge expanded the gag order, preventing Stone from speaking publicly about the investigation or his case. Stone's continued inflammatory remarks led to his banning from social media platforms throughout his prosecution. Ultimately, Stone was convicted on all counts, but later had his sentence commuted and was pardoned by Trump.
Another case involves Keith Davis Jr., a Baltimore man who faced trial for the murder of a racetrack security guard in 2015. Prior to Davis' fifth trial, State's Attorney Marilyn Mosby requested a gag order due to intense public scrutiny. However, Mosby later violated the order by responding to a critical comment on Instagram, stating that one shouldn't believe everything they read. Circuit Judge John Nugent fined Mosby $1,500 for willfully violating the gag order. To avoid the fine, Mosby then complied with a stricter order. Ultimately, the murder charge against Keith Davis Jr. was dismissed by her successor as state's attorney.
In a highly publicized trial involving former Missouri Governor Eric Greitens, attorney Al Watkins violated a gag order imposed by St. Louis Circuit Court Judge Rex Burlison. Despite holding a news conference less than two weeks after the order was put in place, Watkins claimed he was unaware of its existence. After apologizing to the judge, Watkins was ordered to make 100 hours of presentations on the importance of complying with court orders. Interestingly, Watkins would later go on to represent "QAnon Shaman" Jacob Chansley, who was convicted of obstructing Congress during the January 6, 2021, Capitol riot.
These examples highlight the potential ramifications of violating gag orders, extending even to politicians. In the case of former Atlanta Mayor Pro Tem Derrick Hill, who faced charges of extorting bribes, his statements during a television interview that seemed to influence jurors resulted in a 30-day jail sentence for contempt of court, along with other penalties.
It is noteworthy that violations of gag orders are not limited to defendants alone. Media organizations can also face repercussions. CNN, for instance, violated a judge's gag order during the corruption trial of former Panamanian leader Manuel Noriega. The network aired leaked recordings of Noriega's telephone calls discussing potential witnesses. As a result, CNN was found guilty of contempt of court and later issued an apology, along with a payment of $85,000 to cover the cost of the contempt prosecution.
Recent events have once again highlighted the significance of adhering to court-imposed restrictions, with the ongoing trial of former billionaire crypto trader Sam Bankman-Fried serving as a prime example. Bankman-Fried was sent to jail after providing private writings of a key government witness to The New York Times, a move deemed as witness tampering by U.S. District Judge Lewis A. Kaplan. The judge subsequently imposed a gag order on the trial proceedings.
As these notable cases demonstrate, violating gag orders can have serious consequences, ranging from fines and additional penalties to impacting the outcome of trials. It underscores the importance of respecting the legal bounds set by the court and emphasizing the integrity of the justice system.