Appeals Court Pauses Trump Gag Order in Federal Election Case

Image copyright: Gage Skidmore/Flickr [via Wikimedia Commons]

The Facts

  • A three-judge panel at the DC US District Court of Appeals temporarily froze a gag order imposed on former Pres. Donald Trump in the 2020 election interference case and set oral arguments for Nov. 20 on Friday, one day after his defense team filed an emergency request over the matter.

  • This comes less than a week after a DC federal judge reinstated the order that bars Trump from publicly targeting prosecutors, potential witnesses, and court staff ahead of the trial — expected to begin on March 4, 2024.


The Spin

Anti-Trump narrative

At this point, a gag order is the least the courts can do in an effort to stop Trump from intimidating witnesses and threatening court officers. As soon as the gag order in this case was stayed, Trump once again resorted to putting people in harm’s way with his public pronouncements. More serious measures may be needed to prevent Trump from causing a tragedy.

Pro-Trump narrative

These gag orders are unthinkable and unconstitutional. Taking First Amendment rights away from a contending campaigner for the presidency is a weaponization of the justice system against an opponent of the Biden administration. Even the ACLU — historically a key critic of Trump — agrees these orders should be struck down.


Metaculus Prediction


Establishment split

CRITICAL

PRO

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