Appeals Court Hears Arguments Over Trump Gag Order

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Facts

  • A panel of three judges from the federal appeals court in Washington, DC heard arguments Monday regarding the gag order placed on former Pres. Donald Trump, limiting what he can say about the 2020 election-related case brought against him by special counsel Jack Smith.1
  • Trump's attorney, D. John Sauer, called the order 'unprecedented,' arguing that 'it sets a terrible precedent for future restriction on core political speech.'2
  • Meanwhile, the prosecution said Trump must be prohibited from making inflammatory comments against prosecutors and potential witnesses.3
  • The judges spent 2 hours and 20 minutes listening to arguments from both sides and thoroughly questioning prosecutors in an effort to find the line between Trump’s campaign rhetoric and speech that could affect the criminal case against him.4
  • US District Judge Tanya Chutkan initially imposed the gag order on Oct. 17, prohibiting Trump from making statements about Smith, witnesses, and court personnel. She reinstated the order on Oct. 29 after it was suspended pending Trump's appeal. The panel did not issue a ruling Monday.5

Sources: 1CBS, 2Roll call, 3Associated Press, 4CNN and 5FOX News.

Narratives

  • Democratic narrative, as provided by Slate. While the appeals court must be careful to not squelch political speech — or set a precedent for silencing future political speech — it must uphold this gag order. History has proven Trump isn't going to stop his outbursts, and he can't be granted the freedom to disrupt the proceedings this way. Luckily, there are legal mechanisms for establishing Trump's situation as unique without affecting future trials involving other individuals.
  • Pro-Trump narrative, as provided by Daily Caller. This gag order is unconstitutional and is part of the continued political witch hunt against the former president. Leaving it up to three Democratic judges to decide whether Trump has the right to political speech is ridiculous, and that’s why even the left-wing American Civil Liberties Union is in his corner on this matter. Trump must be allowed to speak freely on the campaign trail.

Predictions