Federal Appeals Court Panel Criticizes Judge Chutkan's Gag Order in Trump Case

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In a significant development in the ongoing legal battle involving former President Trump, a panel of DC Circuit Court of Appeals judges strongly dissented in a declaratory order issued by Judge Tanya Chutken in the case against Trump. The gag order, which has been a controversial issue since the indictment, prevents Trump from publicly criticizing special counsel Jack Smith, prosecutors, court staff, or witnesses in the case. During oral arguments Monday, two judges appointed by President Obama and one by President Biden indicated they wanted to strike down or significantly reduce Judge Chutkan’s order. Judge Patricia Millett, an Obama appointee, highlighted the impact the gag order could have on Trump, especially during a presidential debate. He raised concerns about the fairness of the order, saying it limits Trump’s speech while others are free to criticize him. According to Judge Chutkan’s ruling, the gag order prevents Trump from making any public statements against Jack Smith, his team, or any witnesses, a situation that Trump’s legal team has argued violates his First Amendment rights. To some extent, the Court of Appeal panel appears to have approved of this approach, particularly with respect to the scope of the gag order. Another controversy discussed in the article was the gag order that prohibited certain witnesses from speaking, including people like Bill Barr and Mike Pence. Judge Nina Pillard, also an Obama appointee, expressed skepticism about this aspect of the order, questioning the need to ensure the integrity of these individuals’ testimonies An appeals court decision on whether to uphold, modify or reverse the gag order is pending.