Trump challenges appeals court to toss gag order

By 
 November 9, 2023

Former President Donald Trump has asked for the gag order in his Washington case to be removed.

The request claims that the gag order is based on speculation of what he could do rather than past actions.

The request

“President Trump has made many public statements about this case in the three months since his indictment, and yet the Department of Justice … submitted no evidence of any ‘threats’ or ‘harassment’ to prosecutors, witnesses, or court staff during that time,” his attorneys wrote.

"An initial September motion for the gag order mentioned numerous instances in which Trump’s prior comments about the election had spurred threats against his targets, including against two Georgia election workers," the Hill reported.

Unprecedented action

“No court has ever imposed a gag order on the political speech of a candidate for public office, let alone the leading candidate for president of the United States—until now,” wrote President Trump's attorneys.

"President Trump’s message that the criminal cases against him are part of a politically motivated, unconstitutional campaign to silence him and derail his candidacy lies at the heart of his campaign—and the heart of the First Amendment," they added.

Trump has already been fined twice in his New York fraud cases against the Trump Organization. The two fines included a total of $15,000.

Possible jail time

The judge involved also warned that "worse" could come over future violations, with some concerns that Trump could receive jail time over violating gag orders.

Trump's legal battles have already included multiple cases involving over 90 charges. He is currently on trial for his New York case in Manhattan over fraud allegations against his company.

In Washington, the former president faces charges related to his actions on Jan. 6, 2021. His charges were not made until recent weeks, more than two years after the events. Trump also faces a Florida case involving classified documents in his home.

Despite the battles, Trump continues to lead GOP rivals and seeks to defeat President Joe Biden in his comeback bid for the White House next year.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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