Appeals court upholds key provisions of Trump gag order in federal Jan. 6 case

An appeals court largely upheld a gag order limiting former President Trump’s statements as he faces federal prosecution for seeking to block the transfer of power, broadening his ability to attack special counsel Jack Smith while leaving in place limitations on other parties.

The ruling from a three-judge panel of the D.C. Circuit Court of Appeals largely affirms a prior ruling from Judge Tanya Chutkan, who barred Trump from making statements that “target” foreseeable witnesses, court staff and prosecutors.

The appeals court refined that directive, barring Trump from any statements “made with the intent to materially interfere with, or to cause others to materially interfere with” the course of the case.

But it removed Smith from the list of protected court staff, giving Trump free reign to go after a prosecutor he is fond of taunting as “deranged.” 

“We agree with the district court that some aspects of Mr. Trump’s public statements pose a significant and imminent threat to the fair and orderly adjudication of the ongoing criminal proceeding, warranting a speech-constraining protective order. The district court’s order, however, sweeps in more protected speech than is necessary,” the panel wrote.

DEVELOPING