The gag order in former President Donald Trump's case in Washington, D.C., involving his alleged attempts to overturn the 2020 election has been paused by a federal appeals court.
The U.S. Court of Appeals for the District of Columbia Circuit issued a stay on the gag order pending an appeal, with the court also setting an expedited appeal schedule. The pause is simply an administrative stay while the court deliberates the merits of the gag order before deciding whether to leave it in place or remove it.
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The gag order was reimposed on Oct. 29 after being paused during a prior appeal in response to when it was initially imposed on Oct. 17. The order prohibited parties in the case from "making any public statements, or directing others to make any public statements, that target" Smith or his staff, defense attorneys or their staff, court staff, and "any reasonably foreseeable witness or the substance of their testimony."
Trump's lawyer's brief arguing against the gag order will be due by 5 p.m. on Nov. 8, followed by the Justice Department's brief in favor of the gag order being due by 5 p.m. on Nov. 14, and a reply by Trump's lawyers is due by noon on Nov. 17. The oral argument for the appeal has been scheduled for Nov. 20, at 9:30 a.m., according to the order.
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The appeal will be decided by a three-judge panel on the District of Columbia Circuit who were all appointed by Democratic presidents. The three judges include Patricia Millett and Cornelia Pillard, who were appointed by President Barack Obama, along with Bradley Garcia, who was appointed by President Joe Biden.
Federal prosecutors led by special counsel Jack Smith requested the gag order months after the former president was indicted by a Washington, D.C., grand jury on a four-count indictment in Washington in August. The indictment in Washington is one of four levied against Trump this year as he again runs for the Republican nomination for president.