Trump's Gag Order Appeal Denied, Supreme Court Might Be Next

Ahead of further legal struggles, a federal appeals court has chosen not to re-examine former President Donald Trump’s challenge against a gag order in his election meddling case. This decision could set the stage for a Supreme Court clash.

What Happened: The District of Columbia Circuit Court of Appeals upheld a subordinate court ruling limiting Trump’s speech relating to the case. This directive, fine-tuned by the appellate court, restricts Trump from making statements intended to interfere with the case, reported The Hill on Tuesday.

After the D.C. Circuit decided against rehearing the case, it is likely that the Supreme Court may be petitioned to review the gag order. Trump can request the justices to suspend it while under review.

This is one of many legal fights Trump is currently embroiled in. The Supreme Court has already consented to hear an appeal of a ruling that removed Trump from Colorado's ballot due to the 14th Amendment’s insurrection prohibition.

Should the justices review Trump’s gag order, it would be their introductory intervention in any of Trump's four criminal cases since his indictment. In D.C., special counsel Jack Smith accused Trump of committing four felonies, including conspiring to overturn the 2020 election results. Trump has entered a not guilty plea.

The Supreme Court may soon be dealing with another legal struggle in this case: whether Trump has criminal immunity for his official acts during his presidency.

The circuit court panel disagreed with Judge Tanya Chutkan's use of the term “target,” fearing it could restrict Trump from responding to potential witnesses and critics. The court also removed Smith from the list of protected persons under Chutkan's order, allowing Trump to make more direct statements about the case’s principal prosecutor.

Nonetheless, most of the 68-page ruling supports Chutkan's rationale for imposing a gag order, asserting that Trump's speech could disrupt the case, discourage witness participation, and incite threats and intimidation for those involved.

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Why It Matters: This is not the first attempt by Trump’s legal team to combat restrictions on the ex-president’s comments related to the case.

Last year, Trump pleaded not guilty to four federal charges related to his alleged efforts to overturn the 2020 presidential election results, vowing to comply with federal law and not discuss the case with potential witnesses.

The gag order, initially issued by Judge Chutkan, aimed to prevent Trump from publicly criticizing prosecutors, potential witnesses, or court staff involved in the case.

Photo via Shutterstock

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