Former President Donald Trump‘s attorneys have filed a formal notice of appeal after a federal judge ordered him not to publicly disparage witnesses, prosecutors, or court personnel connected in the criminal lawsuit alleging he attempted to fraudulently overturn the results of the 2020 election.
After U.S. District Judge Tanya Chutkan formally announced her ruling on Monday in a written judgment, the filing with the U.S. Court of Appeals for the District of Columbia happened just hours later.
“All parties with an interest in this matter, including the parties as well as their counsel, are forbidden from making any public statements, or directing others to publish any public statements, targeting (1) the Special Counsel prosecuting this case or his staff; (2) the defense attorney or their staff; (3) any of this court’s staff or other assisting personnel; or (4) any probable witness or the substance of their testimony,” the ruling stated.
The order, according to Chutkan, “shall not be construed as forbidding Defendant from which makes statements criticizing the government generally, which includes the current administration or the Department of Justice; statements claiming that Defendant is innocent of the charges against him, or that the prosecution is politically motivated; or statements critiquing the campaign platforms or regulations of Defendant’s current political rivals, like former Vice President Pence.”
Trump referred to the decision as “unconstitutional” after Chutkan made her announcement on Monday, and he made the same complaint to reporters once more on Tuesday at a courthouse in New York City where he and his corporation are defending themselves against a $250 million civil fraud claim brought by the state attorney general’s office.
“The judge basically said I don’t have the right to speak,” Trump claimed. “I’ve lost the ability to speak. I’m a candidate for office, but I’m not permitted to talk.
The partial gag order, according to Chutkan, was required, and the argument made by Trump’s legal team that “no limits may be placed on Defendant’s speech because he is engaged in a political campaign is untenable,” was rejected.
“Undisputed testimony presented by the government demonstrates that when the Defendant has publicly assaulted individuals, including on issues related to this case, those people are consequently threatened and harassed,” said Chutkan.
“Defendant has made these assertions to national audiences using language interacting not merely that he believes this procedure to be illegitimate, but also that specific individuals who participated in it are liars, or ‘thugs,’ or deserve death,” she stated, adding that “such statements present a significant and immediate risk.”
Asserting that the gag order sought by prosecutors was politically motivated in a brief submitted last month, Trump’s team referred to it as “nothing more than a clear attempt by the Biden Administration to illegally silence its most powerful political opponent, who is currently holding a commanding lead in the polls.”
March is the date set for the trial in this case. The four allegations against Trump include conspiracy to defraud the United States, conspiracy to hinder an official action, obstruction, and conspiracy against the right to vote and to have one’s vote counted. Trump has entered a not-guilty plea to all four charges.