Nov. 20 (UPI) — The federal appeals court in Washington will hear arguments on Monday from the attorneys of former President Donald Trump on how a limited gag order in his election interference case violates his right to free speech.
Attorneys for Trump and prosecutors will each be given 20 minutes to present their case on whether the gag order, issued by federal judge Tanya Chutkan that prevents him from targeting his comments toward special counsel Jack Smith and his staff, as well as targeting the judge’s staff and the staff of other D.C. district court personnel, should remain in place.
The appeals court had paused the order as it considers the challenge, so it is not presently in effect.
Trump’s attorneys have said they believe the restrictions have singled out the former president as he embarks on a campaign to return to the White House in 2024, stating that the First Amendment doesn’t permit the district court to “micromanage President Trump’s core political speech.”
“The district court cannot silence President Trump based solely on the anticipated reaction of his audiences,” Trump’s lawyers said in its court documents. “The district court lacks the authority to muzzle the core political speech of the leading candidate for President at the height of his re-election campaign.
“President Trump is entitled to proclaim, and the American public is entitled to hear, his core political messages. The gag order should be immediately reversed.”
The special counsel has argued though, that Trump is also a criminal defendant and his comments could affect the integrity of potential jurors and the case in general.
Smith’s team said that Trump’s often bombastic rhetoric and its potential to incite his followers could affect the way the trial moves forward.
Trump has verbally criticized prosecutors and witnesses, including his former Vice President Mike Pence, a potential witness in the case.
“I cannot imagine any other criminal case where a defendant is allowed to call a prosecutor deranged or a thug,” Chutkan had said in setting her original order. “I will not permit it here simply because the defendant is running a political campaign.”
Chuktan on Friday dismissed a motion from Trump’s legal team to bar language related to the Jan. 6, 2021, riots at the U.S. Capitol that his lawyers had described as “inflammatory,” as she ruled the legal team did not prove the language was prejudicial.
Also Friday, an appeals court temporarily lifted a similar gag order preventing Trump from talking about details of his civil fraud case.
