Appeals Court Upholds Key Aspects of Trump’s Gag Order
OAN’s Sophia Flores
1:54 PM – Friday, December 8, 2023
A Federal Appeals Court Upholds Gag Order on Former President Donald Trump
A federal appeals court has largely upheld a gag order placed on former President Donald Trump. The order limits what the 45th president is able to express in speech and social media posts regarding his federal case involving his alleged attempts to interfere in the 2020 election.
On Friday, a unanimous three-judge panel for the U.S. Court of Appeals for the District of Columbia Circuit upheld the order made by U.S. District Judge Tanya Chutkan.
“We do not allow such an order lightly. Mr. Trump is a former President and current candidate for the presidency, and there is a strong public interest in what he has to say. But Mr. Trump is also an indicted criminal defendant, and he must stand trial in a courtroom under the same procedures that govern all other criminal defendants. That is what the rule of law means,” U.S. Circuit Judge Patricia Millett wrote for the three-judge panel.
The order bars Trump from making public statements about potential witnesses in the case “concerning their potential participation in the investigation or in this criminal proceeding.” Additionally, the Republican 2024 front-runner is not allowed to make comments about any legal defense involved in the case.
However, Trump is still granted permission to make statements that criticize Special Counsel Jack Smith, the Biden administration, and the Justice Department. He is also able to express his innocence and assert that the case is a “politically-motivated witch hunt.”
The 45th president is being accused of allegedly attempting to block the transfer of power and of broadening his ability to attack Special Counsel Jack Smith.
Trump’s legal team promptly issued a statement:
“We agree with the district court that some aspects of Mr. Trump’s public statements pose a significant and imminent threat to the fair and orderly adjudication of the ongoing criminal proceeding, warranting a speech-constraining protective order. The district court’s order, however, sweeps in more protected speech than is necessary. For that reason, we affirm the district court’s order in part and vacate it in part. Specifically, the Order is affirmed to the extent it prohibits all parties and their counsel from making or directing others to make public statements about known or reasonably foreseeable witnesses concerning their potential participation in the investigation or in this criminal proceeding,” Trump’s team stated.
The former president is allowed to appeal the decision to a D.C. Circuit. He can also appeal it by seeking emergency relief from the Supreme Court.
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What are the arguments for and against the gag order on former President Trump?
D dissent in part,” said Trump’s attorneys Christopher Kise and Alina Habba.
The gag order was initially imposed in October 2023 after Trump made comments that the court believed could prejudice potential jurors. The order aims to ensure a fair trial for the former president by limiting his public statements that could impact the case.
This decision by the federal appeals court has sparked a debate about the limitation of free speech for public figures facing criminal charges. Critics argue that the order infringes upon Trump’s First Amendment rights and sets a dangerous precedent for future cases. Supporters, on the other hand, believe that the gag order is necessary to ensure a fair trial and prevent the manipulation of public opinion.
The case against Trump involves allegations that he sought to undermine the 2020 election results by pressuring election officials and obstructing the transfer of power to President Biden. The former president has repeatedly denied any wrongdoing and claims that the charges against him are politically motivated.
This decision also comes amid speculation about Trump’s potential presidential campaign in 2024. With the order in place, Trump’s ability to speak publicly about his case and campaign may be limited. However, he is still allowed to criticize his opponents and assert his innocence, which could potentially impact the political landscape.
It remains to be seen how this gag order will affect the ongoing legal proceedings and Trump’s political future. The case is expected to be closely followed, as it could have significant implications for the relationship between free speech and criminal proceedings involving public figures.
In conclusion, a federal appeals court has upheld the gag order on former President Donald Trump, limiting his ability to publicly discuss his federal case. While critics argue that the order infringes upon his First Amendment rights, supporters believe it is necessary to ensure a fair trial. This decision raises important questions about the limitation of free speech for public figures facing criminal charges and could have significant implications for Trump’s potential political future.
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