Hearing on Reinstating Gag Order in Trump’s Case Scheduled by Appeals Court

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On Monday, a federal appeals court will consider reinstating a gag order on former President Donald Trump in relation to the federal charges accusing him of conspiring to overturn the 2020 presidential election results.

The legal team led by special counsel Jack Smith is set to present their case to a panel of three judges at the Washington-based appeals court. They seek to reimpose an order preventing Trump from making disparaging remarks about the legal team and potential witnesses in the case.

Prosecutors argue that such a gag order is crucial to protect the integrity of the court system and to avoid any intimidation of potential witnesses against Trump. The defense, however, challenges this order as a violation of Trump’s constitutional rights to free speech, asserting that there is no substantial evidence indicating Trump’s statements have caused any real harm or intimidation.

This gag order is among several disputed matters preceding the significant trial set for March 2024. Trump’s defense is also attempting to have the case dismissed, citing his immunity as a former president and protection under the First Amendment from prosecution. While Monday’s proceedings will not resolve these constitutional issues, they will establish the limits on what Trump, as both a defendant in a criminal case and a prominent presidential candidate, can publicly state before the trial.

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Judge Tanya Chutkan of the U.S. District Court initially issued the gag order last month, following a request from prosecutors who pointed to Trump’s continual denigration of Smith as “deranged.” The order was briefly lifted to allow Trump’s legal team to justify their client’s unrestricted speech. However, after Trump used this window to post potentially influential social media statements, Judge Chutkan reinstated the order.

The U.S. Court of Appeals for the District of Columbia Circuit subsequently suspended the order pending Trump’s appeal.

The appellate panel includes Judges Cornelia Pillard and Patricia Millett, appointed by former President Barack Obama, and Brad Garcia, a recent appointee of President Joe Biden.

An immediate decision from the panel on Monday is not anticipated. If the judges decide against Trump, he can request a full court review or escalate the matter to the Supreme Court.

This Washington indictment is one of four criminal cases Trump is facing amid his 2024 presidential campaign. He faces charges in Florida for unlawfully retaining classified documents at his Mar-a-Lago estate, in New York state court over hush money payments to an adult film actress alleging an affair, and in Georgia for alleged efforts to overturn the 2020 presidential election results in the state.

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More about Trump gag order

• Trump’s Legal Battles
• Gag Order Debate in Trump’s Case
• Trump’s Defense Against Election Charges
• Trump and the 2024 Presidential Election
• Trump’s Challenges in Multiple States