Appeals court largely upholds Trump gag order in federal election interference case

In an order issued Friday, the D.C. Circuit Court of Appeals has largely upheld U.S. District Judge Tanya Chutkan’s gag order in the special counsel’s federal election interference case against former President Trump, which prohibits Trump from making public statements about potential witnesses in the case as well as attorneys and court personnel.

“The Order is affirmed 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,” the opinion reads.

The notable change from Chutkan’s previous order: Trump is now free to level attacks against special counsel Jack Smith himself — but not members of his team.

“The Order is also affirmed 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 order said.

The appeals court judges wrote in the filing that they consider the order a serious matter.

“We do not allow such an order lightly,” they wrote. “Mr. Trump is a former President and current candidate for the presidency, and there is a strong public interest in what he has to say. 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. That is what the rule of law means.”

Trump is expected to appeal the ruling, which could go before the full D.C. Circuit Court or the Supreme Court.

The appeals court also signaled that they will be resistant to Trump’s efforts to delay his trial, writing that “Delaying the trial date until after the election, as Mr. Trump proposes, would be counterproductive, create perverse incentives, and unreasonably burden the judicial process.”

Trump’s trial is currently scheduled to begin on March 4.

The former president in August pleaded not guilty to charges of undertaking a “criminal scheme” to overturn the results of the 2020 election by enlisting a slate of so-called “fake electors,” using the Justice Department to conduct “sham election crime investigations,” trying to enlist the vice president to “alter the election results,” and promoting false claims of a stolen election as the Jan. 6 riot raged — all in an effort to subvert democracy and remain in power.

He has denied all wrongdoing and denounced the charges as “a persecution of a political opponent.”