The United States Court of Appeals for the District of Columbia Circuit just landed a punch on Special Counsel Jack Smith’s jaw, partially overturning a gag order in the high-profile case against former President Trump. Now, isn’t that a twist for the books? For those who need a recap, here’s the skinny…The case revolves around charges against Trump, alleging he conspired to overturn the 2020 presidential election results and obstructed its certification.
Post-indictment, Trump did what he does best – speak his mind on social media. He threw a few jabs at potential witnesses, the judge, and the Special Counsel’s team. This, in turn, led to a restraining order from the district court, limiting public statements that could potentially influence the proceedings.
The Appeals Court decided the district court’s order was a bit much, infringing upon protected speech more than necessary. They noted, “Freedom of speech is a bedrock constitutional right. Americans are free to speak, listen to others, and make up their own minds about their government and the world around them.”
Reading now DC appellate court ruling that mostly upholds gag order on Trump.
One thing is very clear: This panel strongly refuted the media's description of the order as "narrow."
"The district court’s order, however, sweeps in more protected speech than is necessary." pic.twitter.com/uyCcCb2azv
— Julie Kelly ???????? (@julie_kelly2) December 8, 2023
So, what does this mean? Well, the revised order now specifically stops parties and their counsel from making public statements about known or foreseeable witnesses concerning their potential participation in the investigation or criminal proceeding. It also restricts statements about the case’s counsel (excluding the Special Counsel), court and counsel staff, and their family members – but only if made with the intent to materially interfere with the case or with the knowledge that such interference is highly likely.
On balance–while the Dem judges certainly take their shots at Trump–the decision is a defeat for Judge Chutkan and Jack Smith in particular.
As far as public statements re potential witnesses–Chutkan prohibited all comments on those individuals including former WH officials.…
— Julie Kelly ???????? (@julie_kelly2) December 8, 2023
This ruling is a big deal, given the politically charged nature of the case. Critics of the Special Counsel have often accused him of bias against the former President. Meanwhile, supporters of Trump are hailing the decision as a victory for free speech and a blow to what they perceive as a politically motivated prosecution.
As for Trump, he’s facing four federal indictments as a result of Smith’s January 6 investigation. The charges include conspiring to defraud the United States, plotting to obstruct an official proceeding, obstructing and attempting to obstruct an official process, and conspiracy against rights. The trial for Trump’s alleged interference in the 2020 election will take place on March 4, 2024.