Legal/Law/Criminal Justice and Reform

Trump Makes Case For Why Court’s Gag Order Is ‘Unconstitutional’

No featured image available

Former President Donald Trump told a federal appeals court Wednesday that District Court Judge Tanya Chutkan “lacks the authority to muzzle” his speech by issuing a gag order.

Trump’s lawyers filed the first brief in his appeal of Chutkan’s gag order Wednesday, arguing that that court “cannot silence President Trump based solely on the anticipated reaction of his audiences.” The United States Court of Appeals for the District of Columbia temporarily paused the gag order last week to consider Trump’s request for a longer freeze pending his appeal.

“The district court lacks the authority to muzzle the core political speech of the leading candidate for President at the height of his re-election campaign,” Trump’s lawyers wrote. “President Trump is entitled to proclaim, and the American public is entitled to hear, his core political messages.”

His lawyers allege that the order not only suppresses Trump’s First Amendment rights but also the rights of “tens of millions of Americans to engage in and hear core political speech in the middle of an ongoing Presidential campaign.” Further, they argue that it is “unconstitutionally vague” in its use of the word “target” and inclusion of any “reasonably foreseeable witness.”

“The discovery in this case comprises nearly 13 million pages and references hundreds of individuals,” the brief states. “It is anyone’s guess which witnesses may be ‘reasonably foreseeable’ at this stage, and this future-looking standard invites impermissible enforcement-by-hindsight.”

If the appeals court decides to affirm any portion of the lower court’s order, Trump requested it extend its pause for seven days to allow time for him to file an emergency application with the Supreme Court.

The court has scheduled oral arguments to hear his appeal for Nov. 20.