Trump’s team appeals Chutkan’s gag order, warns of SCOTUS appeal next.
Former President Trump Files Emergency Motion to Halt Unconstitutional Gag Order
Former President Donald Trump and his legal team have taken a bold step in their fight against an unprecedented and unconstitutional gag order imposed by Judge Tanya Chutkan. In an emergency motion filed on Thursday, Trump demands an immediate halt to this infringement on his right to free speech.
The motion, filed in the D.C. Circuit Court of Appeals, argues that Judge Chutkan’s gag order fails to meet the legal standards required to silence a major Presidential candidate. Trump’s legal team points out that there is no evidence of any actual or imminent threat to the administration of justice, making the gag order unjustifiable.
Trump’s lawyers emphasize that his criticisms of the corrupt Department of Justice resonate with millions of Americans, and therefore, the gag order represents an unconstitutional hostility towards his viewpoint.
The motion requests that the stay and ruling be issued by November 10, 2023. If denied, Trump’s legal team threatens to involve the Supreme Court in seeking relief.
Judge Chutkan, known for her partisan rulings, first banned Trump from criticizing corrupt prosecutors and the judicial system on October 16. This marked the first time in U.S. judicial history that a judge ordered the restraint of a candidate’s First Amendment speech. Although the order was initially put on hold, Chutkan reinstated the gag on October 30, preventing Trump from engaging in core political speech and criticizing those involved in his case.
Trump’s campaign argues that this silencing is yet another politically motivated attempt by the Biden Administration to derail his 2024 run and infringe on his First Amendment rights. They stress that not only does the gag order violate Trump’s rights, but it also violates the civil rights of over 100 million Americans who have a First Amendment right to receive and listen to his speech.
About the Author:
Jordan Boyd is a staff writer at The Federalist and co-producer of The Federalist Radio Hour. Her work has also been featured in The Daily Wire, Fox News, and RealClearPolitics. Jordan graduated from Baylor University with a major in political science and a minor in journalism. Follow her on Twitter @jordanboydtx.
Why does the motion argue that the gag order infringes on Trump’s ability to engage in political speech, and why is this considered an essential aspect of democratic discourse
United States District Court for the District of Columbia, argues that the gag order imposed on Former President Trump is a direct violation of his First Amendment rights. The order, imposed by Judge Chutkan in a defamation lawsuit brought against Trump by a former Apprentice contestant, seeks to prohibit Trump from making public statements regarding the case.
This gag order is not only an attack on Trump’s right to free speech but also sets a dangerous precedent for future cases and individuals. The motion asserts that this order is unprecedented and goes far beyond what is reasonable or necessary.
In their filing, Trump’s legal team argues that the gag order inhibits his ability to defend himself and address the public on matters of importance. It restricts his ability to respond to false or misleading statements made by the plaintiff and prevents him from presenting his side of the story to the public.
The motion also criticizes Judge Chutkan’s imposition of the gag order without conducting a full and fair hearing. It argues that such an order should only be imposed in exceptional circumstances and where there is a clear and imminent risk to the administration of justice. In this case, the motion claims, there is no such risk.
Moreover, the motion points out that Trump is no longer the sitting President and therefore the rationale behind limiting his public statements does not hold. As a private citizen, he should have the same rights and liberties as any other individual.
The legal team further argues that the gag order infringes on Trump’s ability to engage in political speech, an essential aspect of democratic discourse. It notes that political speech is afforded the highest level of protection under the First Amendment and any restriction on it must be narrowly tailored.
Additionally, the motion highlights the broad public interest in this case and the importance of allowing Trump to express his views on the matter. As a former President, his words carry considerable weight and public interest in this case is immense. Restricting his ability to speak on this issue interferes with the public’s right to information and stifles public debate.
In conclusion, Former President Trump’s emergency motion to halt the unconstitutional gag order imposed by Judge Tanya Chutkan presents a compelling argument regarding the infringement on his right to free speech. The motion highlights the unprecedented nature of the order, its violation of the First Amendment, and its chilling effect on public discourse. It calls for an immediate halt to this infringement and emphasizes the importance of protecting free speech rights for all individuals, regardless of their political standing. The court must carefully consider these arguments and ensure that justice is served in a manner that upholds the principles enshrined in the United States Constitution.
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