President Trump’s legal team took action on Tuesday by filing a notice of appeal against Judge Tanya Chutkan’s gag order, which they argue is unconstitutional, as reported by Reuters.
Judge Tanya Chutkan lifted the gag order on Trump on the same day, revealing its severity beyond initial expectations.
Under Chutkan’s gag order, Trump is prohibited from offering criticism of Special Counsel Jack Smith or any of his prosecuting attorneys, even if his statements align with the truth.
The restrictions further prevent Trump from criticizing Jack Smith and his legal team, the court’s personnel, supporting staff, and any potential witnesses.
The situation is such that Jack Smith retains the freedom to disclose information, make false claims about Trump, and potentially intimidate witnesses. At the same time, Trump finds himself unable to defend his position due to Chutkan’s declared unconstitutional gag order.
Gorsuch law clerk Mike Davis strongly condemned Chutkan’s gag order, labeling it “shameful” and insisting that the D.C. Court revoke the declaration.
In a statement submitted by his legal team, it was asserted, “President Trump currently holds the position of the forty-fifth President of the United States and is the frontrunner in the impending Presidential Election.” The statement further pointed out his commanding advantage in the competition for the Republican nomination and his lead over President Biden.
The same filing included a request stating, “President Trump humbly asks that this Court issue its decision regarding this stay motion on or before Tuesday, October 24, 2023. Following such a ruling, President Trump intends to pursue an emergency stay from the U.S. Court of Appeals for the D.C. Circuit.”
Mike Davis emphasized, “The DC Circuit must overturn the egregiously unconstitutional gag order imposed on a criminal defendant by Biden’s special counsel, Jack Smith, and D.C.’s Judge Tanya Chutkan.”
He stressed that, above all, a criminal defendant must possess the right to voice criticism of the prosecutor, the judge, and the legal proceedings, underscoring the importance of safeguarding this fundamental right.