A federal appeals court has denied former President Donald Trump’s request to rehear arguments pertaining to a “gag order” in the D.C-based 2020 election case.
The Tuesday decision to deny was made by the D.C. Circuit Court of Appeals. The decision was not a surprise to Trump who maintains that D.C. courts are “corrupt” and operate with “political bias.
Many believe Trump will petition the matter to the U.S. Supreme Court, which is slated to hear arguments on several other issues related to the former president.
The gag order was issued by District Judge Tanya Chutkan, who is overseeing the election interference case where embattled Jack Smith is serving as special prosecutor.
Trump’s legal team have charged Smith with exercising political bias and trampling on their client’s civil rights. Smith’s eligibility to serve as special counsel has also been brought into question.
The three-judge-panel appeals court upheld Chutkan’s gag order.
Judge Patricia Millett, an Obama appointee, wrote for the court in a preliminary opinion released on Dec. 18:
“Mr. Trump’s documented pattern of speech and its demonstrated real-time, real-world consequences pose a significant and imminent threat to the functioning of the criminal trial process in this case in two respects.”
Chutkan’s first gag order, issued in October, forbids Trump from making public statements regarding 1) the special counsel, (2) members of the court’s staff and counsel’s staffs, and (3) the family members of any counsel or staff member.
The gag order stipulated the gag order specifically pertained to “statements … made with the intent to materially interfere with, or to cause others to materially interfere with, counsel’s or staff’s work in this criminal case, or with the knowledge that such interference is highly likely to result.”
On December 1, Chutkan declined Trump’s request to dismiss the case based on presidential immunity.
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