Trump Challenges Gag Order in Federal Election Case, Asserts Right to Criticize Anyone | Vanity Fair

Article by Bess Levin

Ex-president Donald Trump has contested the marginal gag rule set on him on Monday by a federal magistrate. The decision bans Trump from launching attacks on legal authorities and their staff that are associated with the federal election lawsuit he is indicted in. An appeal filed by Trump's defense team arrived Tuesday, the same day he made grievance remarks, expressing frustration with restrictions on his speech during his fraud trial in New York. He claimed, “My speech has been taken away from me. I’m a candidate that’s running for office, and I’m not allowed to speak. This is a railroading.”

But it is notable that Trump has freedom to talk about just about any subject, barring specific people, as clarified by Judge Tanya Chutkan. Judge Chutkan clarified that Trump could still assert his innocence, criticize the current administration or the Department of Justice or express his views against his potential competitors in 2024, including ex-vice president Mike Pence.

The Messenger brought out news on Wednesday that John Lauro, representing Trump in the election case, was informed that he needed to join the bar of the District of Columbia Circuit Court of Appeals for the appeal to be formally accepted. “Our records reveal that you are not a member of the bar of this court”, a letter to Lauro noted. “Our policies dictate that lawyers appearing in front of this court should be members of the court's bar.” The due date for his application to join the bar stated November 2.

Last month, lead counsel Jack Smith and his colleagues asked for a limited gag order on Trump. They mentioned in their court filings that Trump's repeated public comments against the citizens of the District of Columbia, the court, legal authorities, and likely witnesses were jeopardizing the integrity of the proceedings, and influencing the jury pool. Additionally, the incendiary comments from Trump have motivated actual menace of violence in some cases.

In setting the order in place on Monday, Judge Chutkan pointed out, “Mr. Trump is a criminal defendant. He is facing four felony charges. He is under the supervision of the criminal justice system and he must follow his conditions of release.” She concluded, “This is not about whether I like the language Mr. Trump uses. This is about language that presents a danger to the administration of justice.”