In a potentially favorable development for former President Donald Trump, a federal appeals court panel is considering a significant narrowing of the gag order imposed on him during his criminal trial in Washington, reports Politico. Special counsel Jack Smith has levied four felony charges against Trump related to his challenges to the 2020 election and the events of January 6, 2021, at the Capitol. The current gag order restricts Trump from publicly discussing witnesses, prosecutors, and courthouse staff associated with the case. However, judges on the D.C. Circuit Court of Appeals have expressed concerns about the broad nature of these restrictions, citing potential implications for Trump's right to campaign in the 2024 presidential election.
Federal Appeals Court Appears to Indicate It Will Take an Ax to Trump Gag Order pic.twitter.com/y8BYKQL41t
— The Liberty Loft (@thelibertyloft) November 21, 2023
Judge Patricia Millett, appointed by Obama, questioned whether the gag order might hinder Trump's ability to respond to political attacks during a presidential campaign. Another judge, Nina Pillard, raised concerns about potential limitations on Trump making critical comments about public figures who could be witnesses in the case. The appellate court's approach to these concerns is yet to be determined, but if the order is not fully lifted, Trump may choose to escalate the matter to the Supreme Court. The initial imposition of the gag order came from U.S. District Judge Tanya Chutkan, but its enforcement has been temporarily suspended as the appeals court reviews the case.
It is crucial to note that this particular gag order is distinct from the one imposed in the civil case against Trump in New York, which prevents him from making public comments about court staff. However, a recent temporary lifting of that order by a state appeals court judge has added another layer of complexity to the legal proceedings. The evolving situation underscores the ongoing legal challenges and considerations surrounding Trump's public commentary during the course of legal proceedings.