A Washington, D.C. federal appeals court Friday afternoon largely upheld and reinstated U.S. District Judge Tanya Chutkan’s very narrow and limited gag order on Donald Trump for his trial on charges related to his alleged efforts to subvert the U.S. Constitution and overturn the results of the 2020 election.
“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, warranting a speech-constraining protective order,” reads Judge Patricia Millett unanimous three-judge panel ruling, posted by Lawfare’s Anna Bower. “The district court’s order, however, sweeps in more protected speech than is necessary. For that reason, we affirm the district court’s order in part and vacate it in part.”
The judges upheld the gag order “to the extent it prohibits all parties and their counsel from making or directing others to make public statements about known or reasonably foreseeable witnesses concerning their potential participation in the investigation or in this criminal proceeding.”
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They also upheld the gag order “to the extent it prohibits all parties and their counsel from making or directing others to make public statements about (1) counsel in the case other than the Special Counsel, (2) members of the court’s staff and counsel’s staffs, or (3) the family members of any counsel or staff member—if those statements are made with the intent to materially interfere with, or to cause others to materially interfere with, counsel’s or staff’s work in this criminal case, or with the knowledge that such interference is highly likely to result.”
The judges removed from the gag order “speech beyond those specified categories.”
“We do not allow such an order lightly,” the judges added. “But Mr. Trump is also an indicted criminal defendant, and he must stand trial in a courtroom under the same procedures that govern all other criminal defendants.”
Bower explains, “Chutkan’s order would have prohibited statements that refer to special counsel Jack Smith as a ‘thug’ or ‘deranged.’ But the appeals court order does not apply to speech about the special counsel himself.”
CBS News congressional correspondent Scott MacFarlane sums up the ruling: “Much of the gag order in Donald Trump’s 2020 election conspiracy criminal case in DC is *REINSTATED*.”
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