A federal appeals panel seems inclined to reinstate the restricted gag order in the federal election subversion case involving former President Donald Trump. However, there is a possibility that certain restrictions may be eased to allow Trump to more directly criticize Special Counsel Jack Smith.
A three-judge panel of the DC US Circuit Court of Appeals heard oral arguments Monday in the closely watched case, which stems from Trump’s attempts to overturn the 2020 election and obstruct the lawful transfer of power. He pleaded not guilty.
None of the three judges expressed support for Donald Trump’s assertion that the gag order should be permanently lifted, contending it as a “categorically unprecedented” infringement on his free speech rights. However, they posed probing questions to prosecutors, aiming to delineate the boundaries where impassioned campaign rhetoric may cross into undermining a criminal case. A federal appeals panel
Circuit Judge Patricia Millett emphasized the need to safeguard the integrity and truth-finding function of the criminal trial process while cautioning against unduly influencing the political arena. The existing limited gag order, implemented by District Judge Tanya Chutkan and temporarily halted by the appeals panel during the case review, places restrictions on Trump’s ability to directly target Special Counsel Jack Smith, his team, court personnel, or potential trial witnesses. Trump is permitted to criticize the Justice Department, assert his innocence, and argue that the case is politically motivated.
The appellate judges, all appointed by Democrats, expedited the case and are anticipated to deliver a ruling soon, although the exact timing remains uncertain.