Appeals Court Freezes Gag Order Against Trump

President Trump got some good news on Friday when a federal appeals court temporarily froze the limited gag order issued against him in his election subversion criminal case in Washington, DC.

A limited gag order imposed on Donald Trump in his 2020 election interference case in D.C. federal court has been temporarily paused by an appeals court. https://t.co/qzB5WdZobO

— The Daily Beast (@thedailybeast) November 3, 2023

With the gag order lifted, the President can say whatever he wants to say, so expect some interesting comments in the coming days.

From CNN:

In a brief order, a three-judge panel at the US DC Circuit Court of Appeals said they were pausing the gag order issued by District Judge Tanya Chutkan to give them more time to consider Trump’s request to pause the order while his appeal plays out before the court.

🚨DC Circuit Court of Appeals suspends Trump’s gag order in the J6 criminal case, overruling Judge Chuthkan

The issue will be argued on November 20th

Trump can now speak freely and publicly defend himself once again pic.twitter.com/0ZSFSWFCAC

— DC_Draino (@DC_Draino) November 3, 2023

The appellate judges – Patricia Millett and Cornelia Pillard, both Barack Obama appointees, and Brad Garcia, a Joe Biden appointee – said they would fast-track Trump’s appeal of the gag order and hear arguments in the matter on November 20.

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Trump has been attempting to hold off further restrictions to his ability to speak publicly since his arrest. Justice Department prosecutors have so far successfully argued his speech should be curtailed because of how often Trump posts on social media about possible witnesses in his case, which could lead to potential harassment or hurt their credibility among his jury pool.

On Thursday, Trump’s legal team filed an emergency motion to the DC Circuit to stay the gag order.

Pres. Trump’s legal team filed an emergency motion to the DC Circuit to stay the unconstitutional gag order placed on him.

Trump will not let partisan actors eradicate his First Amendment right to call this trial what it is:

A Witch Hunt.https://t.co/Af4Oe50Egy

— Daniel Baldwin (@baldwin_daniel_) November 3, 2023

From the Washington Examiner:

The gag order was reimposed on Oct. 29 after being paused during a prior appeal in response to when it was initially imposed on Oct. 17. The order prohibited parties in the case from “making any public statements, or directing others to make any public statements, that target” Smith or his staff, defense attorneys or their staff, court staff, and “any reasonably foreseeable witness or the substance of their testimony.”

Trump’s lawyer’s brief arguing against the gag order will be due by 5 p.m. on Nov. 8, followed by the Justice Department’s brief in favor of the gag order being due by 5 p.m. on Nov. 14, and a reply by Trump’s lawyers is due by noon on Nov. 17. The oral argument for the appeal has been scheduled for Nov. 20, at 9:30 a.m., according to the order.