Trump Appeals Gag Order in Election Interference Case, Seeks Reconsideration from Appeals Court
ICARO Media Group
Former President Donald Trump has filed a petition asking a federal appeals court in Washington, D.C. to reconsider a ruling that upheld a gag order imposed on him in a criminal election interference case. The gag order restricts Trump's ability to publicly discuss the case, where he stands accused of illegally attempting to reverse his loss to President Joe Biden in the 2020 election.
In the rehearing petition, Trump's lawyers argue that the gag order violates his First Amendment right to free speech, particularly at a time when he is considered the leading Republican candidate for the presidency. They also contend that the gag order conflicts with Supreme Court decisions. Trump's petition asks for the entire 15-judge lineup of the U.S. Circuit Court of Appeals in D.C. to reconsider the December 8 ruling made by a three-judge panel. En banc petitions like this are rarely granted.
According to Trump's lawyers, the panel's opinion suggests that the former president must be silenced to protect trial participants from possible threats or harassment by unrelated third parties. They argue that this conflicts with Supreme Court and other Circuit decisions, emphasizing the exceptional importance of the matter while seeking en banc consideration.
Regardless of the appeals court's decision, it is highly likely that the Supreme Court will be asked to review the legality of the gag order imposed on Trump. The initial gag order was issued by Judge Tanya Chutkan in a federal district court in Washington back in October.
The gag order specifically prohibits Trump from making public statements targeting Department of Justice special counsel Jack Smith, who is leading the prosecution, as well as Smith's staff, court personnel, and any reasonably foreseeable witness or the substance of their testimony. However, in the December 8 ruling, the appeals court panel did allow Trump to make public comments about Smith.
Trump, who has pleaded not guilty in the case, is facing four pending criminal prosecutions related to various allegations. The election interference case holds significant weight as it pertains to the allegations of attempting to overturn the 2020 presidential election results.
As the legal battle continues, it remains to be seen how the appeals court and potentially the Supreme Court will handle the question of the gag order on Trump, and what implications it may have for his ability to freely express his views on the ongoing case.