Former President Donald Trump will appeal a gag order issued Tuesday by the federal judge overseeing his 2020 election case.
Trump filed his notice of appeal just hours after U.S. District Court Judge Tanya Chutkan, an Obama appointee, issued the written order. Chutkan partially granted the Department of Justice’s (DOJ) proposed order from the bench Monday, blocking Trump in the written order Tuesday from making public statements targeting Special Counsel Jack Smith or his staff, the defense counsel or their staff, court staff and “any reasonably foreseeable witness or the substance of their testimony.”
The order issued by Chutkan also blocks Trump from “directing others to make any public statements” falling into the prohibited categories. (RELATED: Obama-Appointed Judge’s Gag Order Restricts Trump From Targeting Jack Smith — And From ‘Directing Others’ To Do So)
FILE PHOTO: Former U.S. President and Republican presidential candidate Donald Trump addresses auto workers as he skips the second GOP debate, in Clinton Township, Michigan, U.S., September 27, 2023. (REUTERS/Rebecca Cook/File Photo)
Trump promised to appeal the order Monday after Chutkan issued her decision from the bench, saying he will be “the only politician in history that runs with a gag order where I’m not allowed to criticize people.”
Chutkan wrote in her opinion Tuesday that Trump’s 2024 presidential candidacy “cannot excuse statements that would otherwise intolerably jeopardize these proceedings.”
“The defense’s position that no limits may be placed on Defendant’s speech because he is engaged in a political campaign is untenable, and the cases it cites do not so hold,” Chutkan wrote.
However, Chutkan specified that the order should not be construed “to prohibit Defendant from making statements criticizing the government generally.”
A Trump spokesperson told the Daily Caller News Foundation the gag order is “unprecedented,” saying that no court has imposed one on a political candidate in the middle of a campaign.
“The gag order directly interferes with President Trump’s ability to criticize the prosecution against him and to criticize his political rivals, including at least one candidate against him in the Republican primary election,” the spokesperson said. “This is an egregious violation of President Trump’s First Amendment rights and the First Amendment rights of everyone who listens to President Trump—including over 100 million followers of his social media accounts. The court gave no consideration to the First Amendment rights of tens of millions of Americans to hear President Trump’s messages, to respond to them, and to amplify them. We are immediately filing a notice of appeal and will immediately seek a stay of this unconstitutional order, pending appeal, in the U.S. Supreme Court if necessary.”
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