Trump’s Legal Team Calls for Reversal of Gag Order in DC Election Case

Legal representatives for former President Donald Trump have made a plea to a federal appeals court to overturn a gag order in the federal case that accuses him of conspiring to overturn the 2020 presidential election results.

In a hearing before a three-judge panel, Trump’s attorney, John Sauer, argued that the gag order was unprecedented and could set a concerning precedent for future restrictions on essential political discourse.

Conversely, prosecutors from special counsel Jack Smith’s team have advocated for the reinstatement of the gag order, which prohibits the former Republican president from making inflammatory remarks about potential witnesses and attorneys involved in the case. They contend that such restrictions are necessary to prevent Trump from eroding confidence in the judicial system and intimidating potential witnesses. Defense attorneys, on the other hand, assert that the gag order infringes on Trump’s constitutional right to free speech and argue that there is no evidence to support the claim that his words have caused harm or threatened anyone.

During the hearing, Sauer characterized the gag order as a “heckler’s veto,” suggesting that it unfairly relies on the notion that Trump’s speech could eventually inspire others to harass or intimidate those targeted. He pointed out that there is extensive media coverage of the case, making it difficult to establish a direct causal link between Trump’s statements and any threats or harassment.

The three judges expressed skepticism about Sauer’s arguments regarding the constitutionality of the gag order and its justification. Judge Brad Garcia questioned why the court shouldn’t take proactive measures to protect the integrity of the trial, given the predictability of intensifying threats.

The gag order represents just one of several contentious issues under debate ahead of the landmark trial scheduled for March 2024. Trump’s defense team is also attempting to have the case dismissed by asserting that, as a former president, he is immune from prosecution and protected by the First Amendment. The outcome of Monday’s arguments will not affect these constitutional claims, but it will determine the boundaries of what Trump, as both a criminal defendant and a leading presidential candidate, can and cannot say as the trial date approaches.

The journey of the gag order through the courts has been tumultuous since U.S. District Judge Tanya Chutkan initially imposed it in response to a request from prosecutors, citing Trump’s repeated disparagement of Smith as “deranged.” The judge temporarily lifted it but reinstated it when Trump posted comments on social media that prosecutors believed were intended to influence his former chief of staff’s testimony.

The U.S. Court of Appeals for the District of Columbia Circuit later lifted the gag order as it considered Trump’s appeal.

The panel of judges includes Cornelia Pillard and Patricia Millett, both appointed by President Barack Obama, and Brad Garcia, a recent nominee of President Joe Biden. It’s worth noting that all three are Democrats. The panel is not expected to make an immediate ruling on Monday. If the judges rule against Trump, he has the option to request the full court’s involvement or potentially appeal to the Supreme Court.

This four-count indictment in Washington is one of four criminal cases Trump faces as he pursues his bid to return to the White House in 2024. Other charges against him include illegally hoarding classified documents in Florida, facing state court charges in New York related to hush money payments, and allegations of scheming to subvert the 2020 presidential election in Georgia, all of which he has denied.

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