On Friday, December 8, 2023, a U.S. appeals court issued a comprehensive affirmation of a judicially imposed gag order restraining Donald Trump from publicly criticizing prosecutors, court personnel, and potential witnesses in connection with a federal criminal case alleging the former president’s unlawful attempts to overturn the 2020 election results. The three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit largely retained the constraints established by the original order. However, it did modify the order to no longer prohibit Trump from personally disparaging Special Counsel Jack Smith, who oversees the prosecution.
In the official order, Judge Patricia Millett conveyed the panel’s alignment with the district court’s determination that certain aspects of Mr. Trump’s public statements presented a significant and immediate threat to the fair and orderly adjudication of the ongoing criminal proceedings. Despite this concurrence, the court found that the initial gag order extended to encompass a broader range of protected speech than deemed necessary.
The former president contested the order, contending that it encroached upon his constitutional right to free speech, particularly as he actively pursues the presidency and stands as the frontrunner for the 2024 Republican nomination.
A spokesperson for the Trump campaign, in response to the ruling, stated, “President Trump will persist in championing the First Amendment rights of tens of millions of Americans to receive communication from the primary presidential candidate at the pinnacle of his campaign.”
Conversely, a spokesperson for Special Counsel Jack Smith declined to offer any comment on the matter.
The case is scheduled for trial in Washington in March, with Trump entering a plea of not guilty. Despite some limitations imposed by U.S. District Court Judge Tanya Chutkan’s gag order, Trump remains permitted to maintain a continuous stream of accusations against the Justice Department, which he alleges is actively seeking to undermine him politically.
