Former President Donald Trump just won a major legal battle in his ongoing fight to keep speaking out during his ‘election interference’ case in Washington, D.C.
A federal appeals court recently put a temporary stop to a gag order issued by the federal judge overseeing the case, as reported by CNN.
In a simple decision, a panel of three judges at the US DC Circuit Court of Appeals announced their move to pause the gag order given by District Judge Tanya Chutkan.
More Read
The Conservative Brief, on November 4, 2023, reported that this decision was made to provide more time to consider Trump’s request to suspend the order while his appeal goes through the court.
The appellate judges involved, Patricia Millett and Cornelia Pillard (both picked by Barack Obama) and Brad Garcia (chosen by Joe Biden), have committed to speeding up Trump’s appeal on the gag order. They will listen to arguments on November 20, as per the report.
Trump’s legal team strongly criticized the gag order, saying it was unconstitutional. They argued that the request for the gag order showed a clear bias against President Trump’s perspective and his constant criticism of the government, including the prosecution itself. They called for an immediate halt, claiming the gag order was based on this unconstitutional bias.
Prosecutors even attempted to have the former president put behind bars for violating the gag order, but this request was turned down by U.S. District Judge Tanya Chutkan back in October.
Newsweek reported that Judge Chutkan rejected the Department of Justice’s plea to imprison Trump for breaking the re-imposed gag order.
In a footnote confirming the gag order, the judge refused to include her order as a condition for Trump’s release, saying it wasn’t necessary to enforce the order effectively at this time.
The judge also lifted a temporary pause she had previously placed on her initial gag order, emphasizing that the right to a fair trial belonged not only to Trump but also to the government and the public.
Additionally, Chutkan denied Trump’s request for a long-term suspension of the order, which prevented the former president from publicly targeting court personnel, potential witnesses, or the special counsel’s team while his appeal was pending.
Former federal prosecutor and elected state attorney Michael McAuliffe suggested that Judge Chutkan’s decisions were made after careful thought due to the intense scrutiny surrounding the case. He said the judge was taking a step-by-step approach and waiting for the right time to resolve the issues, understanding that her decisions would be closely examined and subject to appeal.
In the previous month, Chutkan temporarily lifted the initial gag order she had issued against the 45th president. This temporary pause was meant to give both sides more time to present their arguments regarding Trump’s request to pause the order while his appeal was ongoing.
Moreover, she set a deadline for the Justice Department to respond to Trump’s request for a longer suspension of the gag order, with Trump having a chance to reply to the government’s filing.
Trump had already appealed the gag order to the DC Circuit Court of Appeals, asking Judge Chutkan to suspend the order while the appeal moves forward.
