Former President Donald Trump made good Tuesday on his promise to appeal a partial gag order levied against him in the federal case charging him with unlawfully trying to remain in power after his 2020 election loss.
US District Judge Tanya Chutkan’s muzzle bars Trump from attacking prosecutors, court staff or their families — or discussing possible witnesses or testimony.
The 77-year-old’s legal team formally filed an appeal notice in DC federal court.
Hours after Chutkan announced the gag order from the bench Monday, Trump bashed the judge during a campaign stop in Iowa, claiming that her “whole life is not liking me” and ripped the order as “unconstitutional.”
The 45th president also crowed that he’s “been indicted more than Al Capone,” and said he was “willing to go to jail if that’s what it takes for our country to win.”
Under the partial gag order, all parties in the case are barred from making statements that “target (1) the Special Counsel prosecuting this case or his staff; (2) defense counsel or their staff; (3) any of this court’s staff or other supporting personnel; or (4) any reasonably foreseeable witness or the substance of their testimony.”
Chutkan indicated in court that Trump can still broadly criticize the Justice Department and suggest that the case against him is politically motivated.
“You keep talking about censorship like the defendant has unfettered First Amendment rights. He doesn’t,” Chutkan told Trump attorney John Lauro at one point during Monday’s hearing.
“We’re not talking about censorship here,” the judge added. “We’re talking restrictions to ensure there is a fair administration of justice on this case.”
Trump’s attorney’s cried foul, suggesting that the order could impair him on the campaign trail as he battles for the presidency.
Special Counsel Jack Smith sought the gag order last month, citing some of the former president’s social media diatribes against him and key players in the case.
“[This] is nothing more than an obvious attempt by the Biden Administration to unlawfully silence its most prominent political opponent, who has now taken a commanding lead in the polls,” Trump’s legal team argued in a filing last month.
Trump’s trial in the case is slated for March 4, 2024, one day before the Super Tuesday presidential primary contests. His team has unsuccessfully tried to move the start date back.
The former president pleaded not guilty to all four counts in the 2020 election case on Aug. 3.
He is also facing a 34-count case out of Manhattan regarding alleged concealment of hush-money payments, a 40-count indictment from Smith for allegedly hoarding a tranche of national security documents at his Mar-a-Lago resort, and 13 counts for alleged election subversion in Georgia.
Trump has pleaded not guilty in all of those cases and decried them as both an effort by Biden to tip the scales in the 2024 election and a “witch hunt.”
He is the first current or former US president to be criminally indicted.