Trump appeals for full DC Circuit bench reconsideration of upheld gag order.

Donald Trump’s legal team has submitted a request to the District of Columbia Circuit Court of Appeals, seeking a “panel rehearing and/or en banc consideration” of a previous ruling that upheld a gag order imposed on the former president. In an effort to challenge the validity of the order, Trump is now appealing to the full bench of the DC Circuit.

The initial gag order was issued by U.S. District Court Judge Tanya Chutkan in October, as she presided over special counsel Jack Smith’s case related to election interference in Washington D.C. Politico’s senior legal affairs reporter, Josh Gerstein, highlights that Trump’s latest move aims to bring the question of the gag order’s legitimacy before the entire panel of judges in the DC Circuit.

By pursuing a panel rehearing or en banc consideration, Trump’s legal team hopes to overturn or modify the existing gag order. This request signifies their belief that the initial ruling placed overly restrictive limitations on their client’s ability to make public statements regarding the ongoing legal proceedings.

The former president’s challenge against the gag order aligns with his well-known inclination for vocal self-expression. Restricting his public commentary could potentially impede his ability to shape public opinion and rally support during this critical legal battle.

While the details of Trump’s appeal remain undisclosed, it will likely center around arguments that the gag order infringes upon his First Amendment rights to free speech. By requesting the full bench of the DC Circuit to examine the matter, Trump’s legal team seeks to present a comprehensive case challenging the basis and scope of the order.

The outcome of this request for rehearing and/or en banc consideration will have significant implications for the trajectory of the legal proceedings involving Trump. Should the court grant the request, it would pave the way for a broader examination of the gag order and its constitutionality. Conversely, if the court denies the appeal, the gag order would remain in effect, potentially continuing to restrain Trump’s public statements on the matter.

This latest legal maneuver further underscores the ongoing intensity surrounding Trump’s involvement in the election interference case. While the legal process unfolds, all eyes will be on the District of Columbia Circuit Court of Appeals as it deliberates on whether to grant Trump’s request for a panel rehearing and/or en banc consideration. The decision reached by the court will undoubtedly shape the future course of this high-stakes legal battle and could have broader implications for the boundaries of free speech in similar cases.

David Baker

David Baker