The D.C. Circuit Court of Appeals denied former President Donald Trump's request for the full court to review an appeal of his gag order, setting the stage for an appeal in the Supreme Court.
trump asked the Dec. 18 that the entire D.C. Circuit hears his appeal of a gag order imposed by U.S. District Judge Tanya Chutkan, who is overseeing his election interference case in Washington, D.C. In a brief order On Tuesday, his request was denied.
A judge of three panel of the appeals court upheld the gag order, with some minor changes, in December. The court lifted the part that barred Trump from making statements about special counsel Jack Smith and narrowed the part that limited his speech about witnesses to include only statements about “his possible involvement in the investigation or in this criminal proceeding “.
“Mr. Trump's documented pattern of speech and its demonstrated real-time, real-world consequences pose a significant and imminent threat to the operation of the criminal process in this case in two respects,” Obama-appointed Judge Patricia Millett wrote for the court in its written Opinion of December 18.
Trump can still appeal Chutkan's gag order to the Supreme Court.
Chutkan first imposed the gag order in October. As narrowed down by the D.C. Circuit, the order prevents Trump from making public statements directed at “(1) counsel in the case other than the special counsel, (2) court staff members and staff of the attorney, or (3) the family members of any attorney or staff member, if such statements are made with the intent to materially interfere or cause others to materially interfere with the work of the attorney or staff in this criminal case, or with the knowledge that such interference is highly likely to occur.”
Trump's 2020 election case is currently on hold, according to an order from Chutkan, while an appeal of his attempt to dismiss the case based on presidential immunity is pending. Chutkan declined to throw out the case based on Trump's claim of presidential immunity on December 1.
Trump did not immediately respond to a request for comment.
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