Appeals Court Upholds Gag Order on Trump – But Allows Him To Criticize Jack Smith
A U.S. appeals court largely upheld a gag order on former President Donald Trump after he attacked potential witnesses and prosecutors in his federal criminal case over his attempts to overturn the 2020 election.
The U.S. Court of Appeals for the District of Columbia Circuit upheld most of the restrictions set on the Republican frontrunner. However, the three-judge panel did lift the prohibition on him personally criticizing Special Counsel Jack Smith, according to Reuters.
Moreover, the court ruled Trump is barred from talking about witnesses if it involves their role in the investigation and their potential testimony in court. The former president has routinely personally assailed witnesses, prosecutors, and court staff on Truth Social and campaign rallies before the gag order to effect.
“We agree with the district court that some aspects of Mr. Trump’s public statements pose a significant and imminent threat to the fair and orderly adjudication of the ongoing criminal proceeding,” Judge Patricia Millett wrote in the appeals ruling but added the original order “sweeps in more protected speech than is necessary.”
Trump has pleaded not guilty in the case that is set to go to trial in March in Washington. He has also pleaded not guilty in three other criminal cases, including racketeering charges in Georgia for his efforts to overturn the election results in the state.
A spokesperson for Trump released a statement claiming the former president will continue fighting for the First Amendment rights of millions of Americans. Initially, Trump challenged the gag order by arguing it violated his First Amendment right to free speech and inhibits his ability to run for the 2024 Republican presidential nomination.
“President Trump will continue to fight for the First Amendment rights of tens of millions of Americans to hear from the leading presidential candidate at the height of his campaign,” a Trump campaign spokesperson told Reuters.
Trump is also appealing a gag order set on him during his civil fraud case in New York.
