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Trump Gag Order Upheld but Allowed to Comment on Special Counsel Jack Smith

Court Decision Masks Vocal Trump: Some Leeway for Critiques

Republican presidential candidate and former U.S. President Donald Trump visits the southern border with Texas Governor Greg Abbott in Edinburg, Texas, U.S. November 19, 2023. REUTERS/Go Nakamura


The Circuit Court of Appeals situated in D.C. made a judicial decision on Friday; a considerable 68-page ruling confirming most parts of the prohibitory order District Judge Tanya Chutkan enforced onto former President Donald Trump in connection with his 2020 electoral case, but with certain leeways.

The newly delineated order permits Trump to propagate statements that critique Special Counsel Jack Smith. Simultaneously, the court has elevated certain sections of the initial edict preventing Trump from releasing statements related to Jack Smith whilst modifying a segment relative to key witnesses.

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The specificity of these modifications restricts any public assertions ‘relating to their hypothetical involvement in the investigative or criminal proceedings.’ The court articulates such a measure is essential to ensure these witnesses can ‘participate wholly and sincerely’.

Moreover, any published comments pertaining to certain personnel might risk ‘obstructing the determination’ of the case at hand, as indicated by the court’s written statement. The court’s affirmation extends to prohibiting any parties involved and their legal counsel from publicly discussing potential or likely witnesses about their possible role in the investigation or criminal proceedings.

The affirmation also prohibits the said individuals from making public statements about: 1) the case’s legal counsel apart from the Special Counsel, 2) the court and legal counsel’s staff members, and 3) any relatives of the personnel involved. The provisions are for statements with the intention to significantly disrupt or cause other parties to disrupt the work of the case or with the knowledge that such disruption is highly probable.

The court maintained that such an order is not confirmed without due deliberation. Their statement cautioned, ‘Mr. Trump, a former President and potential future candidate for the presidency, ensures that the public remains interested in his speech. However, Mr. Trump is also a defendant in an ongoing criminal case, and he must face the trial following the standard procedures that govern all other defendants. That is what maintaining the rule of law entails.’

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Steven Cheung, the spokesperson for the Trump campaign, issued an official statement in response. He argued that the ‘ongoing investigations directed at President Trump and the American populace under Biden’s administration will ultimately be unsuccessful.’

Cheung expressed approval regarding the Circuit Court’s decision, ‘The D.C. Circuit Court’s panel of judges, each appointed under a Democrat President, recognized a significant fraction of Judge Chutkan’s overly extensive gag order as unconstitutional.’

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Cheung continued, ‘President Trump will tirelessly advocate for the constitutional First Amendment rights that protect the freedom of millions of Americans to receive communication from the most influential Presidential candidate in the crux of his campaign.’

Cheung’s comments shed light on the perspective of both the campaign and former President Trump’s belief in the right to unrestricted freedom of speech and the ability to voice concerns both in and about the political sphere.

Furthermore, Cheung’s statement reflects the campaign’s dedication to maintaining the right for the former president and current candidate to comment and criticize legally and publicly, especially regarding matters of national interest.

This incident overall signifies a vital episode in the saga of Trump’s electoral litigation, manifesting as a clash of principles between judicial prudence and the right to free expression.

Not only does it showcase the labyrinthine layers of jurisprudence, but it also puts a spotlight on the continuing adversities faced by high-profile figures in the field of politics, all while battling to preserve the constitutional freedoms that form the bedrock of American democracy.


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