Trump appeals reinstated gag order in DC federal election case

Former President Donald Trump's legal team has filed a motion to appeal the partial gag order imposed by a federal judge in his D.C. election interference case.

Nov 3, 2023 - 07:49
Trump appeals reinstated gag order in DC federal election case

Former President Donald Trump's legal team has filed an appeal to remove the partial gag order imposed on him by a federal judge in his Washington, D.C., 2020 election interference case.

"No court in American history has imposed a gag order on a criminal defendant who is actively campaigning for public office — let alone the leading candidate for President of the United States," Trump's attorneys wrote in the filing.

"The Gag Order violates the First Amendment rights of President Trump and over 100 million Americans who listen to him," they added.

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Trump's attorneys also described the order as "muzzling President Trump’s core political speech during an historic Presidential campaign."

U.S. District Judge Tanya Chutkan first imposed the partial gag order Oct. 17, blocking Trump from making statements targeting Special Counsel Jack Smith, his staff, witnesses and court personnel. 

It was later put on hold pending a previous appeal from the former president before being reinstated by Chutkan Sunday.

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The order does not prevent Trump from airing general complaints about the case against, and Chutkan has said the former president is still allowed to assert his claims of innocence and that the case is politically motivated.

Trump has continued to deny any wrongdoing in the case, and has argued that it's part of an effort to prevent him winning the presidency in 2024. He has also sharply criticized those involved in the case, including Smith, who he often refers to as "deranged."

Fox News' Chris Pandolfo and the Associated Press contributed to this report.