The former president wasted no time in appealing a federal judge’s gag order.
Former President Donald Trump filed a notice of appeal after a partial gag order was handed down earlier this week in special counsel Jack Smith’s Jan. 6-related case against him.
Lawyers for the 45th president, in court papers filed Tuesday, launched an appeal that argued that Judge Tanya Chutkan’s partial order “would be embracing new ground in respect to the First Amendment that would regulate campaign speech.”
The notice of appeal doesn’t include any legal arguments. His team is likely going to challenge Judge Chutkan’s order on grounds that his First Amendment right is being violated.
“We’re being railroaded. And I have other trials where we’re being railroaded. You saw yesterday where they took away my right to speak. I won’t be able to speak like I’m speaking to you,” Trump told reporters on Tuesday inside a New York courtroom, where his company is embroiled in a civil trial in a separate case.
The former president contended that “I am leading Joe Biden” in presidential polls, “and I’m being restricted.” He added, “My speech has been taken away from me. I’m a candidate that’s running for office and I’m not allowed to speak.”
Monday’s gag order issued by the federal judge restricts President Trump’s capacity to criticize court personnel, Mr. Smith, the special counsel’s staff, or possible witnesses in the case. The order doesn’t include restrictions about the Department of Justice or about the city of Washington itself, where his court case will likely be held.
“This is not about whether I like the language Mr. Trump uses,” Judge Chutkan said in during a hearing on Monday in announcing the order. “This is about language that presents a danger to the administration of justice.”
The order also notes that it applies to all parties involved in the case, not just President Trump.
“All interested parties in this matter, including the parties and their counsel, are prohibited from making any public statements, or directing others to make any public 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,” her order said.
