Former US President Donald Trump gestures during a break in court as he testifies during a fraud trial in New York City on October 25, 2023.
Timothy A. Clary | AFP | Getty Images
A federal appeals court temporarily lifted a gag order on Donald Trump in his case of meddling in the federal election in Washington on Friday — the latest twist in the legal battle with restrictions on former president’s speech.
The US Court of Appeals for the DC Circuit’s decision stayed the gag order to give judges time to consider Trump’s request for a longer pause in the restrictions while he plays out his appeals. The order says the temporary halt “shall not be construed in any way as a decision on the merits” of Trump’s bid.
The court has set oral arguments for Nov. 20.
The gag order, which was re-enforced on Sunday through US District Judge Tanya Chutkanbars Trump from making public statements targeting prosecutors, court staff and potential witnesses in the case accusing him of conspiring to overturn the 2020 election he lost to President Joe Biden.
This is the most serious restriction A court has declared the speech of the GOP presidential primary frontrunner and criminal defendant in four separate cases. Gag orders are not unheard of in high-profile cases, but courts have never before had to wrestle with whether they can curtail a presidential candidate’s speech.
Prosecutors said Trump’s inflammatory rhetoric about those involved in the case threatens to undermine public confidence in the judicial system and influence potential witnesses who may be called to testify.
Trump’s lawyers have said they will go to the Supreme Court, if necessary, to fight what they say are unconstitutional restrictions on his political speech. The defense said prosecutors have provided no evidence that potential witnesses or anyone else felt intimidated by the former president’s social media posts.
A DC appeals court may ultimately uphold the gag order or find that the restrictions imposed by Chutkan are excessive. Either way, the issue will likely be appealed to the Supreme Court, although there is no guarantee the justices will take up the matter.
