A federal appeals court in Washington on Friday upheld a gag order on former President Donald Trump in his 2020 election interference case but narrowed the restrictions on his speech. The three-judge panel’s ruling modifies the gag order to allow the Republican 2024 presidential front-runner to make disparaging comments about special counsel Jack Smith.
Quick Read
- Gag Order Upheld but Modified: A federal appeals court in Washington upheld the gag order on Donald Trump but narrowed its restrictions.
- Changes to Speech Restrictions: The ruling allows Trump to make disparaging comments about special counsel Jack Smith, who is involved in the case.
- Ban on Comments About Witnesses: The court maintained the prohibition on Trump’s public statements about known or potential witnesses in relation to their involvement in the case.
- Court’s Reasoning: The court acknowledged that the original order was too broad and encompassed some constitutionally protected speech. The modification was made to balance the need for court functioning and justice administration with free speech rights.
- Options for Appeal: Trump has the option to appeal this ruling to the full appeals court or the Supreme Court.
- Background of Gag Order: U.S. District Judge Tanya Chutkan imposed the original gag order in October, targeting statements against special counsel, court staff, and potential witnesses.
- Prosecutors’ Concerns: The gag order was argued as necessary by prosecutors to protect the integrity of the case and safeguard individuals involved from harassment and threats, exacerbated by Trump’s social media activity.
- Context of the Case: The case alleges that Trump, with his Republican allies, attempted to subvert the 2020 election results, leading up to the January 6, 2021, insurrection.
- Separate Charges in Florida: Trump faces separate charges in Florida for allegedly keeping classified documents at his Mar-a-Lago estate after his presidency. This trial is scheduled for May but may be postponed.
- Trump’s Stance: Trump has denied any wrongdoing in these cases, claiming they are politically motivated to prevent his return to the presidency.
The Associated Press has the story:
Appeals Court upholds Trump gag order in federal 2020 election case
Newslooks- WASHINGTON (AP)
A federal appeals court in Washington on Friday upheld a gag order on former President Donald Trump in his 2020 election interference case but narrowed the restrictions on his speech.
The three-judge panel’s ruling modifies the gag order to allow the Republican 2024 presidential front-runner to make disparaging comments about special counsel Jack Smith.
But the court upheld the ban on public statements about known or reasonably foreseeable witnesses concerning their potential participation in the case.
“By broadly proscribing any statements about or directed to the Special Counsel and the court’s and counsel’s staffs, as well as reasonably foreseeable witnesses or their testimony, the Order sweeps too broadly,” the court said in its opinion. “It captures some constitutionally protected speech that lacks the features or content that would trench upon the court’s proper functioning or ability to administer justice.”
Trump, who has described the gag order as unconstitutional muzzling of his political speech, could appeal the ruling to the full court or to the Supreme Court.
U.S. District Judge Tanya Chutkan imposed the gag order in October, barring Trump from making public statements targeting Smith and other prosecutors, court staff and potential witnesses. The U.S. Court of Appeals for the D.C. Circuit had lifted the gag order while it considered Trump’s challenge.
Prosecutors have argued the restrictions are necessary to protect the integrity of the case and shield potential witnesses and others involved in the case from harassment and threats inspired by Trump’s incendiary social media posts.
The order has had a whirlwind trajectory through the courts since prosecutors proposed it, citing Trump’s repeated disparagement of the special counsel, the judge overseeing the case and likely witnesses.
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 insurrection by his supporters on Jan. 6, 2021. It is scheduled to go to trial in March in Washington’s federal court, just blocks away from the U.S. Capitol.
The special counsel has separately charged Trump in Florida with illegally hoarding classified documents at his Mar-a-Lago estate after he left the White House following his 2020 election loss to Democrat Joe Biden. That case is set for trial next May, though the judge has signaled that the date might be postponed.
Trump has denied any wrongdoing and has claimed the cases against him are part of a politically motivated effort to keep him from returning to the White House.
