Appeals Court to Review Gag Order Against Trump in Federal Election Subversion Case

The limited gag order imposed on Donald Trump in the criminal case concerning his alleged election subversion in Washington, DC has been temporarily lifted by a federal appeals court on Friday. This decision will enable Trump to once again freely express his criticisms of potential witnesses in the case. The three-judge panel at the US DC Circuit Court of Appeals issued a brief order stating that they are halting the gag order previously imposed by District Judge Tanya Chutkan in order to allow more time for considering Trump's appeal to suspend the order during the ongoing court proceedings.

Appellate judges Patricia Millett and Cornelia Pillard, both appointed by Barack Obama, along with Joe Biden appointee Brad Garcia, have agreed to expedite Trump's appeal of the gag order. They will hear arguments on November 20. Trump has been trying to prevent additional limitations on his public speech since his arrest. The Justice Department prosecutors have effectively argued that his speech should be restricted due to his frequent social media posts concerning potential witnesses in his case. This could potentially result in harassment and damage their credibility among the jury pool.

Chutkan's ruling against Trump's lawyers upheld the legality of the gag order for the former president as a criminal defendant, despite his constitutional challenge at the appeals court.

Upon the temporary freeze of the gag order by Chutkan, Trump promptly resumed posting potentially intimidating content about prosecutors and potential witnesses in the case on social media. Prosecutors from special counsel Jack Smith's office informed the judge of these actions, urging her to reinstate the restrictions.

The appeals court will now determine whether it will provide relief to the former president regarding this issue.

Trump's attorneys argue that the prosecutions request for a Gag Order displays animosity towards President Trump and his ongoing criticism of the government, including the prosecution itself. In their filing to the appeals court on Thursday, they assert that the Gag Order reflects an unconstitutional hostility towards President Trump's viewpoint and urge for an immediate stay. This order limits Trump's ability to publicly target court personnel, potential witnesses, or the special counsel and his team. However, it does not impose restrictions on derogatory remarks about Washington, DC - where the jury will be located - or certain comments about the Justice Department as a whole, both of which were requested by the government.

This story has been updated with additional details.