In an unexpected turn of events, the American Civil Liberties Union (ACLU) has come to former President Donald Trump's defense in a high-profile legal battle over his federal gag order. According to POLITICO, the ACLU argues that U.S. District Judge Tanya Chutkan violated Trump's First Amendment rights and the public's right to hear him when she issued the order earlier this month.

Trump's lawyers have also opposed the gag order and have appealed to the D.C. Circuit Court of Appeals. Chutkan, meanwhile, has temporarily lifted the order while considering a request to keep it on hold during the appeal.

The ACLU, which has had a contentious relationship with Trump during his presidency, filed a friend-of-the-court brief urging Chutkan to reconsider her order. The group raised concerns about the order's vagueness and overbreadth, highlighting the uncertainty surrounding its prohibition on statements that "target" special counsel Jack Smith, prosecutors, court personnel, defense attorneys, or witnesses.

According to the ACLU, the order makes it unclear what Trump is allowed to say and what he is prohibited from saying. The group argued that given the public interest and political speech generated by the prosecution, the most stringent First Amendment standard should be applied to any restraints on Trump's speech rights.

The ACLU also emphasized that Trump's ongoing presidential campaign further intensifies the public interest in allowing him to freely speak about his prosecution and express grievances against Smith's office. Trump's ability to publicly discuss the substance of the prosecution, including potential witnesses and testimony, is closely intertwined with his campaign for the 2024 presidency, according to the ACLU.

Furthermore, the ACLU echoed Trump's lawyers' arguments that his speech should not be restricted simply because some who hear it may react violently or issue threats. The group emphasized that the First Amendment does not authorize judicial gag orders based on the actions of third parties.

The ACLU's support for Trump marks a departure from their previous stance, having filed over 400 legal actions against the Trump administration during his presidency. The organization received a significant influx of donations during its legal battles against Trump's policies, including the controversial travel ban.

To address the potential surprise amongst its supporters, the ACLU's filing included a clear condemnation of Trump's efforts to overturn the 2020 election. The organization emphasized the relevance of Trump's role in obstructing the peaceful transition of power and its impact on the country's decision on whether he deserves to be elected again.

While the legal battle over Trump's gag order unfolds, the ACLU's support in this case highlights the complex nature of constitutional rights and the First Amendment, ensuring a vigorous debate on the matter.