Court reinstates Trump gag order, but does not include attacks against Jack Smith

 December 9, 2023

A federal appeals court reinstated a gag order against former President Donald Trump but it no longer includes restrictions against special counsel Jack Smith.

The change came in the new update as the gag order was reapplied in the Jan. 6 case.

The situation

"The First Amendment unquestionably affords political speech robust protection," wrote Judge Patricia Millett in the unanimous three-judge ruling, according to the Washington Post.

"But there is another fundamental constitutional interest at stake here. The existence of a political campaign or political speech does not alter the court’s historical commitment or obligation to ensure the fair administration of justice in criminal cases."

The limitations

"The ruling upholds a ban on Trump speaking about the participation of witnesses, but removes from the order special counsel Jack Smith as someone off limits," the Post Millennial reported.

"Commentary by attorneys in the case, court staff, and family members, are prohibited 'if those statements are made with the intent to materially interfere with, or to cause others to materially interfere with, counsel’s or staff’s work in this criminal case, or with the knowledge that such interference is highly likely to result,'" it continued.

Not over yet

"The D.C. Circuit Court of Appeals has officially upheld key parts of the gag order imposed by Judge Chutkan on Donald Trump, including restricting public statements related to the case and made by Trump about known or reasonably foreseeable witnesses," Meidas Touch reported.

"Trump is expected to appeal the decision to the United States Supreme Court," it noted.

The order is part of a series of legal battles Trump faces in his effort to return to the White House next year.

He also faces cases in New York, Florida and Georgia with over 90 total charges against him in a variety of indictments.

The battle is far from over as Trump seeks a rematch against President Joe Biden in the 2024 presidential election.

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