Appeals court to hear arguments on whether to reinstate gag order against Donald Trump

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A federal appeals court is currently deliberating whether to reinstate a gag order against Donald Trump in the federal case accusing him of conspiring to overturn the results of the 2020 presidential election. Special counsel Jack Smith’s prosecution team is arguing before a three-judge panel from the Washington-based appeals court, urging them to reinstate an order that would prohibit the former president from making inflammatory statements concerning lawyers involved in the case and potential witnesses.

The prosecutors contend that these restrictions are essential to prevent Trump from undermining public trust in the judicial system and intimidating individuals who might be called to testify against him. In response, Trump’s defense lawyers have labeled the gag order as an infringement on his free speech rights and argue that the prosecutors have not presented any evidence to demonstrate that his words have caused harm or posed a threat to anyone.

This gag order is just one of several contentious issues being debated in preparation for the landmark trial scheduled for March 2024. Defense lawyers are also attempting to have the case dismissed by asserting that, as a former president, Trump is immune from prosecution and protected by the First Amendment from being charged. The outcome of the arguments presented on Monday will not impact these constitutional claims but will establish the boundaries of what Trump, both as a criminal defendant and a prominent presidential candidate, can or cannot say before the trial.

The journey of this order through the courts has been quite tumultuous. U.S. District Judge Tanya Chutkan initially imposed it last month in response to a request from prosecutors, citing Trump’s repeated derogatory comments about Special Counsel Smith as one reason for the order. However, the judge lifted the order shortly after imposing it, giving Trump’s lawyers an opportunity to demonstrate why his speech should not be restricted. Yet, after Trump used this window to post comments on social media that prosecutors argued were intended to influence his former chief of staff against providing unfavorable testimony, Judge Chutkan reinstated the gag order. The U.S. Court of Appeals for the District of Columbia Circuit later lifted it while considering Trump’s appeal.

The judges presiding over the case include Cornelia Pillard and Patricia Millett, both appointed by former President Barack Obama, and Brad Garcia, a recent appointee nominated by President Joe Biden. It is not expected that the panel will deliver an immediate verdict on Monday. If the judges rule against Trump, he has the option to request a review by the entire court. Trump’s legal team has also indicated that they may seek Supreme Court involvement.

In addition to this four-count indictment in Washington, Trump is facing three other criminal cases as he pursues a return to the White House in 2024. He has been charged in Florida, again by Special Counsel Smith’s team, for the alleged illegal possession of classified documents at his Mar-a-Lago estate. Further charges have been filed against him in state court in New York related to hush money payments to a porn actress who claimed an extramarital affair with him, and in Georgia for alleged involvement in efforts to subvert the 2020 presidential election in that state.

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More about Trump Gag Order Appeal

• Federal Appeals Court
• 2020 Presidential Election
• Free Speech Rights
• Legal Challenges Against Donald Trump