Trump Loses Gag Order Fight in Jack Smith DC Case

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Trump’s request for reconsideration of the federal appeals court’s decision to uphold Judge Tanya Chutkan’s order enforcing a gag order against him in Jack Smith’s election interference case was denied on Tuesday.

The DC Circuit Court of Appeals had previously upheld the gag order, but made some modifications to it.

“We agree with the district court that some aspects of Mr. Trump’s public statements pose a significant and imminent threat to the fair and orderly adjudication of the ongoing criminal proceeding, warranting a speech-constraining protective order,” the DC appeals court ruled last month, according to NBC News. “The district court’s order, however, sweeps in more protected speech than is necessary. For that reason, we affirm the district court’s order in part and vacate it in part.”

Since November, Trump’s legal team has been opposing Chutkan’s gag order, which restricted him from criticizing Jack Smith, prosecutors, court staff, supporting personnel, and witnesses.

Although a federal appeals court upheld most of the order in December, it did allow Trump to criticize the special counsel.

The court emphasized that Trump does not have an unlimited right to speak.

In mid-December, President Trump’s lawyers requested an “en banc” hearing or for the three-judge panel to reconsider Chutkan’s gag order.

However, on Tuesday, the original panel of judges (Judge Patricia Millett, Judge Cornelia Pillard, and Judge Bradley Garcia) denied Trump’s request for reconsideration.

The Messenger reported:

A federal appeals court on Tuesday denied Donald Trump’s request for it to reconsider its decision mostly upholding the partial gag order against the former president in the Washington, D.C. election subversion case.

The D.C. Circuit Court of Appeals denied the former president’s request in a one-page order issued Tuesday.

A three-judge panel of the D.C. Circuit Court of Appeals upheld the gag order in a 68-page opinion in December, making only slight modifications to its scope.

On Dec. 18, Trump’s legal team filed a petition for “en banc” consideration, seeking either a review by the full D.C. Circuit Court of Appeals or a rehearing before the three-judge panel that issued this month’s decision.

Petitions for en banc consideration are often a final step before federal appellants seek review by the U.S. Supreme Court. A Trump spokesman on Tuesday did not immediately respond to a request for comment.

It is probable that President Trump will request a review from the US Supreme Court.

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