Trump’s lawyers argue that Chutkan’s J6 gag order is unconstitutional for 4 reasons.
Former President Donald Trump’s attorneys are appealing a D.C. judge’s gag order that prohibits the Republican frontrunner from criticizing the special counsel who, at the behest of the Biden Justice Department, is running a political prosecution against him.
In the appeal filed Wednesday, Trump’s defense counsel protested the gag order handed down last month by D.C. District Court Judge Tanya Chutkan, who is presiding over the former president’s case related to his speech on the day of the Capitol riot on Jan. 6, 2021.
“This is not about whether I like the language Mr. Trump uses,” Judge Chutkan reportedly said when she handed down the order. “This is about language that presents a danger to the administration of justice.”
Chutkan, despite being an activist judge with a record of unusually harsh sentences for pro-Trump demonstrators, refused to recuse herself from the politically charged case in September. In their Wednesday filing, Trump’s attorneys argued the gag order was both unprecedented and unconstitutional.
1. The Gag Order Is Unprecedented
Trump’s attorneys noted the former president made history as the first presidential frontrunner to face a gag order heading into the next election.
“The Supreme Court has ‘never allowed the government to prohibit candidates from communicating relevant information to voters during an election,’” they wrote, citing the 2002 Supreme Court case Republican Party of Minnesota v. White. “Accordingly, no court has ever imposed a gag order on the political speech of a candidate for public office, let alone the leading candidate for President of the United States — until now.”
2. The Gag Order Is Election Interference
With a more than 44-point lead in the RealClear aggregate of GOP primary presidential surveys, Trump has maintained overwhelming support over his Republican rivals throughout the entire race. Trump’s chief opponent for a second term in the White House is President Joe Biden along with his weaponized Justice Department and Democrat prosecutors in state and local offices, who have targeted Trump with a combined 91 charges.
In court, Trump’s attorneys wrote Chutkan’s gag order “restricts President Trump from making public statements about key aspects of his prosecution at the hands of the Administration he is seeking to replace — issues that are central to, and inextricably entwined with, the 2024 Presidential campaign.”
The Department of Justice, which is run by a handpicked Biden nominee and has a history of running cover for the Biden family, has successfully muzzled the administration’s top political opponent.
3. The Gag Order Violates The First Amendment
Trump’s attorneys argued the gag order violated not only Trump’s right to free speech, but also the public’s.
“The Gag Order violates President Trump’s most fundamental First Amendment rights,” they wrote. “Even worse, it gives no consideration to the First Amendment rights of President Trump’s audience, the American public, to receive and listen to his speech.”
4. Gag order relies on argument courts don’t allow: negative reactions to free speech. 5. Not only is the heckler’s veto not admissible against free speech, in this case its likelihood is entirely unproven. 4/4 pic.twitter.com/PBuLbSVtu8
— Joy Pullmann (@JoyPullmann) November 9, 2023
4. The Gag Order Relies On A ‘Heckler’s Veto’
Trump’s attorneys also argued that Chutkan’s order relies on the “heckler’s veto,” or the court’s speculative assumption that supporters of the former president would harass prosecutors in response to the defendant’s statements.
“The First Amendment forbids this heckler’s veto, and even if it were legally viable — which it is not — no convincing evidence supports it,” they wrote. “President Trump has made many public statements about this case in the three months since his indictment, and yet the Department of Justice (‘the prosecution’) submitted no evidence of any ‘threats’ or ‘harassment’ to prosecutors, witnesses, or court staff during that time.”
“Instead,” Trump’s lawyers added, “the prosecution admitted, ‘of course this prejudice is speculative.’”
Tristan Justice is the western correspondent for The Federalist and the author of Social Justice Redux, a conservative newsletter on culture, health, and wellness. He has also written for The Washington Examiner and The Daily Signal. His work has also been featured in Real Clear Politics and Fox News. Tristan graduated from George Washington University where he majored in political science and minored in journalism. Follow him on Twitter at @JusticeTristan or contact him at [email protected]. Sign up for Tristan’s email newsletter here.
In what ways does Trump’s legal team argue that the gag order violates both Trump’s and the public’s First Amendment rights
Der or not, Donald Trump’s ongoing legal battles continue to dominate headlines. This time, it is his attorneys who are appealing a gag order imposed by D.C. District Court Judge Tanya Chutkan. The order prevents Trump from criticizing the special counsel who is allegedly running a political prosecution against him at the behest of the Biden Justice Department.
In their appeal filed on Wednesday, Trump’s defense counsel expressed their protest against the gag order. They argued that the order, which was issued last month, is unprecedented and unconstitutional. They believe that it is a violation of Trump’s right to free speech and interferes with his ability to communicate relevant information to voters, especially considering his status as the leading candidate for President of the United States.
Trump’s attorneys made history by pointing out that no court has ever imposed a gag order on a candidate for public office, particularly one running for the presidency. They cited the 2002 Supreme Court case Republican Party of Minnesota v. White, where the court stated that the government cannot prohibit candidates from communicating relevant information to voters during an election.
Moreover, they argued that the gag order is tantamount to election interference. With a significant lead in the GOP primary presidential surveys, Trump remains a formidable opponent for a second term in the White House. His rivals from the Democratic Party, including President Biden, along with the weaponized Biden Justice Department and Democrat prosecutors, have filed a combined 91 charges against him. They allege that this legal persecution is aimed at silencing the leading candidate, preventing him from discussing key aspects of his prosecution that are central to the 2024 Presidential campaign.
The violation of the First Amendment rights is another crucial point raised by Trump’s legal team. They contend that the gag order not only inhibits Trump’s right to free speech but also deprives the American public of their right to receive and listen to his speech. By restricting his ability to publicly address the issues surrounding his prosecution, the gag order curtails the access to important information for voters.
In conclusion, Donald Trump’s attorneys are appealing the gag order imposed on him by Judge Tanya Chutkan. They argue that the order is unprecedented, interferes with the ongoing election campaign, and violates both Trump’s and the public’s First Amendment rights. This development adds to the ongoing legal battles and public discourse that continue to surround the former president. As the case proceeds, it is certain that the outcome will have far-reaching implications for future presidential candidates and their ability to engage with the public freely.
" Conservative News Daily does not always share or support the views and opinions expressed here; they are just those of the writer."
*As an Amazon Associate I earn from qualifying purchases
Now loading...