Appeals Court Rejects Trump's Request to Reconsider Gag Order Appeal
ICARO Media Group
In a significant blow to former President Donald Trump's legal battles, a federal appeals court denied his request for a rehearing of his appeal against the gag order imposed in the criminal case related to his efforts to overturn the 2020 election results. The decision by the US Court of Appeals marks another setback for Trump, following an earlier rejection by a three-judge panel.
The appeal court's denial of an en banc rehearing, where the full bench of judges would have considered the matter, paves the way for a potential final challenge to the US Supreme Court. Trump has been seeking to lift the limited protective order entered by US District Judge Tanya Chutkan, which restricts him from making inflammatory statements that could intimidate trial witnesses or taint the jury pool.
Special counsel prosecutors had argued that Trump's public statements attacking them, court staff, and potential trial witnesses could have a chilling effect on witness testimony and hinder the fair administration of justice. They highlighted Trump's rally speeches and posts on his Truth Social platform, where he targeted his vice-president, Mike Pence, and Gen Mark Milley, a likely trial witness. Trump's attacks included baseless claims and accusations of treason.
Judge Chutkan agreed with the prosecutors and issued an order preventing Trump from assailing prosecutors, court staff, and trial witnesses. However, she allowed him to criticize the Biden administration, the US Justice Department, and allege political motivation in the case.
Trump appealed the order, but a three-judge panel at the DC Circuit largely upheld the restrictions, clarifying that he could criticize individuals involved in post-2020 election matters as long as he did not target their trial testimony. The panel rejected Trump's argument that a gag order could only be imposed if his statements had already chilled a witness.
The appeals court, in a 68-page opinion, emphasized that while Trump is a former president and a candidate for the presidency, he is also an indicted criminal defendant who must stand trial under the same procedures as any other defendant. The rejection of his rehearing requests by both the panel and the full court further compounded his legal setbacks.
Protective orders are standard in criminal cases, and federal appeals courts are generally reluctant to interfere with the discretion of trial judges. The chilly reception from the DC Circuit to Trump's gag order appeals comes as no surprise.
Facing the possibility of a final challenge to the Supreme Court, the outcome of Trump's battle against the gag order remains uncertain. However, these recent developments indicate the uphill battle he faces as he continues to fight legal restrictions in the criminal case.