An appeals court has largely upheld the gag order against former President Donald Trump in the federal election subversion case, saying he can be barred from talking about witnesses as well as prosecutors, the court staff and their family members.
But the court said the gag order does not apply to comments made about special counsel Jack Smith and narrows the prohibition Trump had for speaking about witnesses in the case, a change from the original gag order.
The decision against Trump is a striking admonishment for an ex-president facing an upcoming criminal trial, but also makes clear Trump is still allowed to criticize President Joe Biden and the Justice Department and to argue the prosecution “is politically motivated or that he is innocent of the charges against him.”
The three appeals court judges who issued Friday’s ruling — Patricia Millett, Nina Pillard and Bradley Garcia, all Democratic appointees — found Trump’s words on the public stage could undermine the fairness of a jury trial, sway or intimidate witnesses and imperil court staff. The court said that justifies limiting Trump’s speech, even while he campaigns to return to the presidency.
It is the second time in recent weeks that an appeals court has reinstated limits on what Trump can say publicly. Trump’s also under a gag order in New York barring him from attacking court staff in a civil fraud trial against him and his business there. Trump is set to testify in that case on Monday.
Trump vowed to appeal the decision in a social media post on Friday.
Friday’s lengthy opinion came from all three judges who heard Trump’s appeal at the DC Circuit Court nearly two weeks ago, and was written by Millett.
“Mr. Trump’s documented pattern of speech and its demonstrated real-time, real-world consequences pose a significant and imminent threat to the…
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