A three-judge panel of the D.C. Circuit Court of Appeals has lifted District Judge Tanya Chutkan’s gag order prohibiting Trump from criticizing the special counsel, Jack Smith, or “any foreseeable witness” in the case. [2-Page Opinion Here] In my opinion it was the generalized “foreseeable witness” part of the Chutkan order that became the central issue for the appellate court. Jack Smith could name anyone as a potential witness, just to silence the accused.
President Trump’s team previously indicated in their filing to the appeals court that they are prepared to seek immediate relief at the Supreme Court. However, at least now, that approach will not be needed as the DC Appellate Court has blocked the gag order.
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If the appeals court had ruled to uphold the gag order, they would have opened the door for the U.S. Supreme Court to weigh in and potentially overturn the lower rulings. Therefore, appeals court was most likely not willing to see their own credibility rest on the language of a motion written by Judge Chutkan.
In the ruling the appeals court will accept briefings and oral arguments prior to making their own ruling on the matter. That will make any advancement to the Supreme Court much less likely to succeed. There’s a bit of court credibility and preservation playing out in this dynamic.
WASHINGTON – A federal appeals court on Friday lifted a gag order reining in Donald Trump’s comments about the criminal election-subversion case pending against him in Washington.
At the former president’s request, a three-judge panel of the D.C. Circuit Court of Appeals temporarily lifted U.S. District Court Judge Tanya Chutkan’s order prohibiting Trump from using his public statements to target special counsel Jack Smith and his team, court officials and potential witnesses in the case.
The appeals court’s action makes it likely that the gag order, which Trump contends violates his First Amendment rights and those of his supporters, will be sidelined for more than two weeks and perhaps longer. Trump has also complained that the order interferes with his rights as a presidential candidate to argue to voters that he is being politically persecuted by the Biden administration.
The D.C. Circuit set oral arguments on the gag order issue for Nov. 20. The panel issuing the order consisted of two Obama appointees — Patricia Millett and Cornelia Pillard — as well as the court’s newest member, Biden appointee Bradley Garcia. (read more)
