Donald Trump

Trump Handed Big Defeat As Court Rules He Gets No Special Treatment On Gag Order

Last updated on December 10th, 2023 at 04:19 pm

Donald Trump lost his latest appeal of the federal gag order related to his 1/6 criminal trial. The former president may not use his platform to interfere with the case.

The US Court of Appeals for the DC Circuit ruled:
As should be clear, but to avoid any potential doubt, as affirmed in part and vacated in part, the Order also leaves open the categories of speech the district court explicitly stated were permissible under its initial ruling. See Order at 3. Mr. Trump is free to make statements criticizing the current administration, the Department of Justice, and the Special Counsel, as well as statements that this prosecution is politically motivated or that he is innocent of the charges against him. 

We do not allow such an order lightly. Mr. Trump is a former President and current candidate for the presidency, and there is a strong public interest in what he has to say. But Mr. Trump is also an indicted criminal defendant, and he must stand trial in a courtroom under the same procedures that govern all other criminal defendants. That is what the rule of law means.

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Trump has argued that he has the First Amendment right to say anything because he is a presidential candidate. Trump believes that all of his statements are free speech.

As the court pointed out, being a presidential candidate does not entitle Trump to a special level of free speech that places him above the rules and procedures other criminal defendants must follow.

In other words, Donald Trump is just like every other accused criminal, and running for political office does not give the defendant the power to manipulate the court, tamper with witnesses, and potentially contaminate the jury pool.

Donald Trump is gagged and just another accused perp.

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