Court halts order limiting Trump’s speech on federal election case.
A Pause on the Gag Order: Trump’s First Amendment Rights Upheld
In a significant development, the D.C. Circuit Court of Appeals has temporarily halted the gag order imposed on former President Donald Trump in relation to his federal election case. Trump swiftly filed an emergency request, asserting that the order violated his First Amendment rights.
The court issued an administrative stay, allowing more time for the judges to consider Trump’s arguments. Importantly, the court clarified that this decision does not indicate a ruling on the merits of the case.
The gag order was initially imposed by U.S. District Judge Tanya Chutkan, an appointee of former President Barack Obama, after Trump criticized former chief of staff Mark Meadows. Chutkan is overseeing special counsel Jack Smith’s federal election case against Trump, who vehemently denies any wrongdoing.
Trump’s legal team argued that no court in American history has ever imposed a gag order on a criminal defendant actively campaigning for public office, especially not the leading candidate for president. They emphasized that the order reflects a clear bias against Trump’s viewpoint and his relentless criticism of the government and the prosecution itself.
Chutkan had previously issued a narrow gag order in October, restricting Trump from chastising prosecutors, court staff, and potential witnesses. However, the order was temporarily lifted at the request of Trump’s lawyers while they pursued an appeal.
Prosecutors urged Chutkan to reinstate the order, citing Trump’s recent actions that demonstrated a return to the kind of “targeting” the gag order aimed to prevent. These actions included an unmistakably threatening message on social media regarding Meadows potentially testifying in exchange for immunity and comments made about his former chief of staff to reporters in New York.
On Tuesday, the Trump team will have the opportunity to present their case against the gag order, marking a crucial moment in this ongoing legal battle.
Daniel Chaitin contributed to this report.