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Appeals court rejects Trump’s bid to reconsider gag order in election interference case

Washington’s federal appeals court on Tuesday rejected Donald Trump‘s request to reconsider a gag order restricting the former president’s speech in the case charging him with plotting to overturn the 2020 election.

Quick Read

  • Appeals Court Rejects Trump’s Request: Washington’s federal appeals court declines to reconsider the gag order on Trump.
  • Restrictions on Trump’s Speech: Gag order limits Trump’s public comments related to the case charging him with plotting to overturn the 2020 election.
  • Option to Appeal to Supreme Court: Trump can now take his case to the U.S. Supreme Court.
  • Gag Order’s Background: Imposed by Judge Tanya Chutkan to prevent potential tainting of proceedings, witness intimidation, and juror influence.
  • Modification by Three-Judge Panel: Panel allows Trump to criticize Special Counsel Jack Smith but restricts direct attacks on witnesses and their testimony.
  • Trump’s Legal Argument: His lawyers contend the decision conflicts with Supreme Court precedent and requires re-evaluation.
  • Nature of the Case: Trump accused of collaborating with GOP allies to overturn election results, leading to the Capitol riot on January 6, 2021.

The Associated Press has the story:

Appeals court rejects Trump’s bid to reconsider gag order in election interference case

Newslooks- WASHINGTON (AP) —

Washington’s federal appeals court on Tuesday rejected Donald Trump‘s request to reconsider a gag order restricting the former president’s speech in the case charging him with plotting to overturn the 2020 election.

Lawyers for the Republican presidential primary front-runner had asked the full U.S. Court of Appeals for the D.C. Circuit to examine the gag order after a three-judge panel upheld but narrowed the restrictions on his speech. Trump can now appeal to the U.S. Supreme Court.

FILE – This undated photo provided by the Administrative Office of the U.S. Courts, shows U.S. District Judge Tanya Chutkan. Chutkan, the federal judge overseeing the 2020 election interference case against former President Donald Trump says those involved in the case must not disclose possible jurors’ names as she set rules around conducting research into potential members of the jury.(Administrative Office of the U.S. Courts via AP, File)

The gag order was imposed by U.S. District Judge Tanya Chutkan in October in response to concerns from special counsel Jack Smith’s team that Trump’s pattern of incendiary comments could taint the proceedings, intimidate witnesses and influence jurors.

FILE – Special counsel Jack Smith speaks about an indictment of former President Donald Trump, Aug. 1, 2023, at a Department of Justice office in Washington. Smith asked a judge on Wednesday, Dec. 27, to bar Donald Trump’s lawyers from injecting politics into the former president’s trial on charges that he schemed to overturn the results of the 2020 election. (AP Photo/Jacquelyn Martin, File)

The three judge panel that upheld the gag order last month modified it in important ways, freeing Trump to publicly criticize Smith. The special counsel has been a frequent target of Trump’s ire since being appointed by the Justice Department in November 2022 to lead investigations into the former president.

Former President Donald Trump speaks to the media at a Washington hotel, Tuesday, Jan. 9, 2024, after attending a hearing before the D.C. Circuit Court of Appeals at the federal courthouse in Washington. (AP Photo/Susan Walsh)

The panel said that though Trump could make general comments about known or foreseeable witnesses, he could not directly attack them over their involvement in the case or about the content of their expected testimony.

Trump’s lawyers argued the panel’s decision contradicted Supreme Court precedent and rulings from other appeals courts. They said a fresh evaluation was needed “both to secure uniformity of this Court’s decisions and because of the question’s exceptional importance.”

The case accuses Trump of plotting with his Republican allies to subvert the will of voters in a desperate bid to stay in power in the run-up to the Capitol riot by his supporters on Jan. 6, 2021.

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