Trump’s Gag Order Should Stand, Appeals Panel Signals

A federal appeals court signaled Monday that it would affirm but potentially narrow a gag order imposed on former President Donald Trump in the criminal case alleging he conspired to overturn his 2020 election loss.

During a more than two-hour hearing in Washington, a three-judge panel expressed skepticism toward the argument from Trump’s lawyer that the gag order infringed on the former president’s First Amendment rights and “core political speech.” 

The panel of the U.S. Court of Appeals for the D.C. Circuit also indicated that it could reduce the order’s scope by allowing Trump to publicly attack special counsel Jack Smith, who is overseeing the federal prosecutions of the former president, while maintaining a ban on criticizing witnesses and court staff.