Appeals Court Considers Lifting Gag Order Against Trump

November 20, 2023 by Tom Ramstack
Appeals Court Considers Lifting Gag Order Against Trump
Satellite trucks outside the federal appeals court in Washington on Nov. 20, 2023. (Photo by Dan McCue)

WASHINGTON — Federal appeals judges in Washington, D.C., seemed skeptical Monday about arguments by attorneys for Donald Trump that a gag order should be withdrawn to allow him to criticize court personnel in his election interference case.

Trump has used phrases like “corrupt,” “deranged” and “red headed weirdo” to describe judges, prosecutors or witnesses participating in the four criminal cases pending against him.

He confronts the most serious charges in his trial for allegedly using criminal tactics to overturn the 2020 presidential election.

A judge last month ordered him to stop the denunciations to avoid intimidating witnesses in a way that might interfere with the trial.

The order is known as a gag order. Violations could incur heavy fines and possible criminal sanctions.

Trump lashed out at witnesses and court personnel in social media posts and television interviews.

During the hearing Monday before the U.S. Circuit Court of Appeals, Trump attorney D. John Sauer argued that the order violated Trump’s First Amendment right to free speech.

He said the order was a greater danger to free speech than most gag orders because Trump needed to be unimpeded in his statements as he runs for president. He called the gag order a “terrible precedent” that set “restrictions against core political speech.”

Trump echoed his attorney’s assertions in a public statement Friday.

“The gag order appoints an unelected federal judge to censor what the leading candidate for president of the United States may say to all Americans,” Trump’s statement said. “No court has ever upheld a gag order on core political speech at the height of a campaign.”

Comments from the three-judge panel implied they would be unwilling to completely get rid of the gag order but they might be willing to modify it to allow criticism of some persons, such as Jack Smith, the Justice Department’s special counsel overseeing Trump’s prosecution.

Judge Patricia Millett said, “Labeling it ‘core political speech’ begs the question of whether it is, in fact, political speech, or whether it is political speech aimed at derailing or corrupting the criminal justice system.”

Trump’s heated statements have “the knock-on effect with the loyalists’ zeal, and that’s then, you know, what causes direct efforts at threatening and harassing individuals,” Millett said.

The data reporting website Statista reported that by January of this year, Trump had 87.73 million followers on his X (formerly known as Twitter) accounts.

Prosecutors say 16 people connected to legal cases against Trump have been threatened after the former president’s criticisms of them. They included district attorneys in New York and Georgia and a New York judge presiding over Trump’s ongoing civil fraud trial. 

Millett and Judge Cornelia Pillard indicated they are considering narrowing the gag order to allow Trump’s comments against public figures and institutions, such as the Justice Department.

Pillard said, “It can’t be that he can’t mention Mr. [Jack] Smith,” because most Americans already know he leads the prosecution against Trump.

The gag order bans Trump from “making any public statements … that target the special counsel … or his staff.”

Trump’s attorneys say the word “target” in the order is too vague to be effective in determining what he can and cannot say.

Justice Department assistant special counsel Cecil VanDevender said the gag order was “crafted to address those risks” of Trump’s statements intimidating potential witnesses or court personnel.

“The district court correctly found that the defendant’s well-established practice of using his public platform to target his adversaries, including trial participants in this case, poses a significant and immediate risk to the fairness and integrity of these proceedings,” VanDevender said.

The court did not issue a ruling on the gag order. The next court appearance in the case is scheduled for Nov. 30, when the judges are likely to announce their decision.

Trump’s attorneys say they will appeal to the Supreme Court if they lose.

The four-count indictment against Trump in Washington accuses him of inciting rioters at the U.S. Capitol on Jan. 6, 2021, in hopes of preventing Congress from certifying the election win for Joe Biden. His trial is set for March 4.

In Florida, he is charged with illegally taking and concealing classified documents at his estate in Palm Beach. In New York, he faces allegations of fraudulently inflating the value of his properties and paying hush money to a porn star.

In Georgia, Trump faces charges of trying to subvert the 2020 presidential election with false accusations of voter fraud.

You can reach us at [email protected] and follow us on Facebook and Twitter

A+
a-
  • Donald Trump
  • gag order
  • In The News

    Health

    Voting

    Law

    July 10, 2025
    by Tom Ramstack
    Justice Dept. Whistleblower Program Offers Big Rewards for Antitrust Information 

    WASHINGTON — The Justice Department on Wednesday announced a whistleblower program that would give potentially large rewards to anyone who... Read More

    WASHINGTON — The Justice Department on Wednesday announced a whistleblower program that would give potentially large rewards to anyone who reports antitrust crimes. The crimes typically involve organized deception that hurts consumers, taxpayers and free market competition. Whistleblowers who provide the Justice Department with original information... Read More

    July 10, 2025
    by Dan McCue
    Federal Judge Certifies Class Action in Birthright Citizenship Case

    CONCORD, N.H. — A federal judge on Thursday barred the Trump administration from ending birthright citizenship, reviving a legal standoff... Read More

    CONCORD, N.H. — A federal judge on Thursday barred the Trump administration from ending birthright citizenship, reviving a legal standoff with the White House just days after the Supreme Court blocked federal judges from using nationwide injunctions to thwart the president's policies. Ruling from the bench... Read More

    July 9, 2025
    by Dan McCue
    Pediatricians Sue Kennedy Over ‘Unscientific Changes’ to Vaccine Policy

    WASHINGTON — The American Academy of Pediatrics and a half dozen other major medical groups sued Health Secretary Robert F.... Read More

    WASHINGTON — The American Academy of Pediatrics and a half dozen other major medical groups sued Health Secretary Robert F. Kennedy Jr. on Monday for making “unilateral, unscientific changes to federal vaccine policy” that they contend are an “assault” on science and public health. In a... Read More

    July 8, 2025
    by Tom Ramstack
    Gun Rights Groups Sue to Block National Firearms Act Enforcement

    WASHINGTON — A coalition of Second Amendment advocates is suing to invalidate gun ownership restrictions that were revised by the... Read More

    WASHINGTON — A coalition of Second Amendment advocates is suing to invalidate gun ownership restrictions that were revised by the One Big Beautiful Bill Act President Donald Trump signed July 4. The bill removes many of the National Firearms Act taxes associated with gun ownership. The... Read More

    July 8, 2025
    by Alexa Citrin
    Trump Crackdown on Pro-Palestinian Campus Activists Goes to Trial 

    BOSTON — A trial over the Trump administration’s attempts to deport international students and scholars involved in pro-Palestinian activism on... Read More

    BOSTON — A trial over the Trump administration’s attempts to deport international students and scholars involved in pro-Palestinian activism on college campuses began on Monday with the plaintiffs arguing the efforts threaten to upend free speech rights enshrined in the U.S. Constitution. “Not since the McCarthy... Read More

    July 7, 2025
    by Tom Ramstack
    FBI Report on Sex Trafficker Prompts Elon Musk to Accuse Trump of Cover-Up

    WASHINGTON — A new FBI report on the 2019 jailhouse death of financier and convicted sex trafficker Jeffrey Epstein has... Read More

    WASHINGTON — A new FBI report on the 2019 jailhouse death of financier and convicted sex trafficker Jeffrey Epstein has reignited a feud between President Donald Trump and his former billionaire ally Elon Musk. The FBI concluded that Epstein committed suicide in jail, despite conspiracy theorists... Read More

    News From The Well
    scroll top