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Kaelan Deese, Supreme Court Reporter


NextImg:Trump's DC judge won't accept ACLU amicus brief against gag order

The judge presiding over former President Donald Trump's criminal election interference case declined to accept an amicus brief from the American Civil Liberties Union that voiced opposition to a gag order imposed on the former president.

U.S. District Judge Tanya Chutkan of the District Court for the District of Columbia declined to accept the amicus or "friend of the court" brief that would have favored Trump's defense against the limited gag order, which prevents certain inflammatory speech by Trump against specific prosecutors and possible witnesses in the 2020 election subversion case.

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This undated photo provided by the Administrative Office of the U.S. Courts, shows U.S. District Judge Tanya Chutkan.

Chutkan said while there are "rare instances" in which federal criminal cases have permitted third-party submission, "neither the Federal Rules of Criminal Procedure nor the Local Criminal Rules contemplate the filing of amicus curiae briefs."

"At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing," Chutkan added.

On Oct. 25, the ACLU published its brief over the gag order requested by special counsel Jack Smith's team, arguing the order is overly vague and violates Trump's due process rights, noting he "cannot possibly know" what he is allowed to say. The group made its announcement during a period in which the gag order was briefly paused following Trump's motion to appeal.

Although the ACLU is an organization that filed at least 400 legal challenges against the Trump administration's policies, lawyers wrote that much of what Trump has said is "patently false and has caused great harm to countless individuals," adding, "Some of his words and actions have led him to this criminal indictment, which alleges grave wrongdoing in contempt of the peaceful transition of power."

"But Trump retains a First Amendment right to speak, and the rest of us retain a right to hear what he has to say," the brief added.

Chutkan has since reimposed the gag order on Trump, which effectively bars Trump, his lawyers, and his campaign from speech that would "target" possible witnesses, prosecutors in the case, or court staff.

Since Trump's indictment in August, Chutkan has rejected at least 30 briefs filed by outside people and groups.

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

A federal grand jury handed up an indictment to Smith in early August charging Trump with four felonies in the case accusing Trump of attempting to overthrow the 2020 presidential election. Trump has pleaded not guilty to the charges.

Trump's trial is slated for March 4, one day before Super Tuesday, when 14 states will vote in the primary election.