By Mike Scarcella
WASHINGTON (Reuters) – Donald Trump’s legal team is set to challenge a gag order preventing the former president from publicly targeting individuals involved in a criminal case accusing him of attempting to overturn the 2020 election results. The appeal will be heard by a federal appeals court on Monday.
The ban was imposed by U.S. Judge Tanya Chutkan in Washington, who expressed concern that Trump’s public statements and social media posts could influence witnesses and lead to threats against lawyers and public officials.
Trump, a leading contender for the 2024 Republican presidential nomination, has criticized the gag order as a violation of his free speech rights as he seeks to return to the White House.
While a similar restriction in a separate civil business fraud case in New York was recently lifted, Trump’s attacks on a court clerk involved in the case resumed immediately afterward.
The former president has been vocal in accusing court officials and others involved in his legal issues of political bias, raising concerns about potential physical threats from his supporters towards these individuals.
Under the federal gag order, Trump and his legal team are permitted to criticize the Justice Department, but are prohibited from targeting prosecutors, court staff, and potential witnesses. The order has been temporarily suspended during Trump’s appeal process.
The federal case is scheduled to go to trial in March 2024, coinciding with the peak of the Republican presidential nomination contest as the party prepares to challenge Joe Biden in the November 2024 election. Polls currently show Trump holding a significant lead over his Republican rivals.
Trump faces charges of conspiring to interfere with the official tally of the 2020 presidential race, which he lost to Democrat Joe Biden. He has pleaded not guilty and has accused Biden’s administration of using the legal system against him.
The indictment by U.S. Special Counsel Jack Smith alleges that Trump and his allies promoted false claims of election rigging, pressured officials to alter the results, and formed fake slates of electors in an attempt to sway electoral votes in his favor.
Trump has also pleaded not guilty in three other criminal cases, including a Georgia case that accuses him of conspiring to overturn the election.
(Reporting by Mike Scarcella; writing by Andy Sullivan; editing by Jonathan Oatis)
