The U.S. Court of Appeals for the District of Columbia Circuit heard arguments on Monday in regard to a decision by a lower federal court that imposed a gag order on former President Donald Trump due to his alleged ‘election interference’ indictment.
During the two-and-a-half-hour session, attorneys representing both Trump and the prosecution argued whether or not the order should be reinstated after it was temporarily suspended during the appeals process.
The judges seemed to be uncertain as to whether or not reinstating the order would be necessary prior to the 2024 Republican presidential primary and possibly throughout the general election.
Cecil VanDevender, an attorney representing Special Counsel Jack Smith’s office, informed the panel that the court order was necessary to protect those involved in the case against former President Trump for allegedly conspiring to overturn the 2020 election from intimidation and threats.
D. John Sauer, a lawyer for Trump, argued before the upper court for a full annulment of U.S. District Judge Tanya Chutkan’s order.
The judges were heard debating on tape regarding Trump’s ability to comment on particular political adversaries via social media and their struggle with creating a gag order that would still permit him to defend himself during the campaign period.
As the three judges on the panel deliberated whether to reinstate a trial judge’s order prohibiting former President Donald Trump from making remarks critical of prosecutors, possible witnesses and court employees, they questioned lawyers with skepticism and occasionally aggression.
Former President Trump had labeled these legal issues as politically motivated and called them “election interference.”
The judges debated how to strike a balance between an order that does not infringe upon his First Amendment rights and potential outcomes that might occur in the coming months.
With regard to preserving “the criminal trial process and its integrity and its truth-finding function,” there were hints that they would reimpose the gag order.
Judge John Sauer and Judge Patricia Millett engaged in a particular exchange which was criticized for showing bias.
listen:
— Julie Kelly ???????? (@julie_kelly2) November 20, 2023
The Supreme Court heard arguments regarding the gag order of President Donald Trump on Monday, weighing in on a highly consequential case due to the large public platform Trump has used throughout his campaign as well as the lack of legal precedence related to restraining political candidates’ free speech.
Almost two and a half hours were spent with numerous questions being directed at Sauer who argued that the gag order was unconstitutional and too vague. The implications of this case are immense, regardless of its outcome.
“The order is unprecedented, and it sets a terrible precedent for future restrictions on core political speech,” Sauer said. He described it as a “heckler’s veto,” unfairly relying on the theory that Trump’s speech might someday inspire other people to harass or intimidate his targets.
“They can’t draw a causal line from any social media post to threat or harassment when we have wall-to-wall media coverage of this case,” Sauer told the court.
Judge Brad Garcia prompted Sauer to provide a rationale for the court’s inaction before President Trump made speculative comments that were derogatory towards potential witnesses or other persons.
“This is predictably going to intensify as well as the threats, so why isn’t the district court justified in taking a more proactive measure and not waiting for more and more threats to occur and stepping in to protect the integrity of the trial?” Garcia said.
Sauer argued that prosecutors could not demonstrate a definite correlation between Trump’s rhetoric and actual damage. Prosecutors mentioned the incident in their initial request for a gag order, declaring that Trump’s posts had “already impacted the public”.
Judge Pillard questioned Sauer about whether any restrictions on Trump’s speech were permissible, noting: “I do not see you giving any consideration to the importance of a fair trial.” Judge Millett was skeptical of Sauer’s claim that Trump just made standard political comments.
“Labeling it core political speech begs the question if it’s political speech or speech aimed at derailing the criminal process,” she said.
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Communist in the justice system just like the Terrorist running the Federal government
The notion that these judges are concerned about a fair trial is absurd. Were they truly concerned there would be a change of judge and better yet, a change of venue. This is simply political theater in the larger scheme of “get Trump.”
Better yet throw the case out completely.
All those Judges are Unconstitutional Communist Democrats who are set on getting rid of a strong Presidential candidate like President Trump so another Communist Democrat could take control.
Bullshit, smoke and mirrors, lies and cheating is how those Bastards can win.
Watch your back Jack Smith.
Remember, judges are just sleazy attorneys with black robes and way too much power. They do not get to make adjustments to the Constitution based on their prejudices.
In my opinion ‘assuming’ that Mr Trump will say anything other than standard political speech is in validation of the 1st amendment. You cannot and is unfair to assume what people will say. I think Trump is aware if he did then it would not be good for him. The gag order should be taken off for good!
Soros funded and anti American Judges and election officials need to be held accountable.
Seems with all the proof that the voting machines are unreliable that this is all mute/null.
So…if Trump is somehow “predictably” (by whom and how?) going to “intensify” (definition?) his derogatory comments that are somehow NOT protected by Free Speeach, and such comments “predictably” lead to more (unspecified as to what and by toward whom) “threats”, that’s grounds for gagging Trump NOW????
Gimme a break!!!
So…if Trump is somehow “predictably” (by whom and how?) going to “intensify” (definition?) his derogatory comments that are somehow NOT protected by Free Speeach, and such comments “predictably” lead to more (unspecified as to what and by toward whom) “threats”, that’s grounds for gagging Trump NOW????
Gimme a break!!!
These Judges must be getting orders from the Soros backed gang that put them into office with rapacious amounts of CASH. In other words Soros INC. buys his Judges, D,A,’s, A.G’s. and I am sure our Congress and Senate would never turn away Dollars from Soros. Put another Democrat politician into the oval Office in the 2024 election and the USA will be no more. Donald J Trump is the only person who can save the USA from bankruptcy. FJB has put so much debt on the backs of taxpayers as his Clan of Grifters cheats on taxes or has others pay their taxes. Did you ever wonder who was reading the 180 boxes of stolen Classified documents that FJB stole from the National Archives and took to his office in China Town with no visitor logs and a private place where spies could come in, read and copy the classified stolen docs. No wonder the Chinese Military Machine resembles closely that of the USA Military. President Trump had every right to the documents he has and declassified them and they were locked up and not sold to our enemies.
Seems to me everyone on the left including the judge, the court staff laifa james, the media can talk all the crap they want. The case is a steaming pile of worthless dung and they know it.
Interesting that the 2 Lady Judges in W.D.C. and GA WERE BOTH RAISED BY MARXIST, ACTIVIST, FATHERS. Since 2021 MOUNTAINS HAVE BEEN BUILT OUT OF MOLEHILLS and the Battle Call of these Marxist influenced and supported Judges is “GET TRUMP AT WHATEVER COST “. When will enough be enough? Their desire is to strip him of his wealth and businesses and worst of all, his FREEDOM. It has been Trump who has shown up in East Palestine Ohio, bearing truckloads of water and food for the residents. While Joe was at Lake Tahoe, Trump is serving dinners to the Border Patrol. WAKE UP–WE are losing our Freedom in the USA so Joe can lick the boots of the WEF and the Globalists.