Trump will be allowed to criticize Jack Smith after appeals court rules on gag order

Former President Donald Trump scored a major legal victory Friday on account of the U.S. Court of Appeals for the District of Columbia Circuit, which ruled that the gag order placed on him should be loosened to allow him to criticize certain people.

“Donald Trump may now assail the special counsel who brought the federal criminal case against him over his efforts to overturn the 2020 election results, in addition to being free to criticize the judge, the justice department, the Biden administration and the case as politically motivated,” according to The Guardian.

However, the remainder of the gag order still remains in effect, meaning Trump may not attack potential trial witnesses, court staff and their family members, and special counsel Jack Smith’s staff and their family members.

“Mr Trump is a former president and current candidate for the presidency. 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,” a three-judge panel of the court decreed in their 68-page opinion.

“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,” they added.

But, they continued, the original gag order “sweeps in more protected speech than is necessary.”

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That said, Trump still isn’t pleased and therefore plans to appeal.

“President Trump will continue to fight for the First Amendment rights of tens of millions of Americans to hear from the leading presidential candidate at the height of his campaign,” a campaign spokesperson said after Friday’s ruling.

Trump also released a statement through Truth Social.

“An Appeals Court has just largely upheld the Gag Order against me in the ridiculous J6 Case, where the Unselect January 6th Committee deleted and destroyed almost all Documents and Evidence, saying that I can be barred from talking and, in effect, telling the truth,” he wrote.

“In other words, people can speak violently and viciously against me, or attack me in any form, but I am not allowed to respond, in kind. What is becoming of our First Amendment, what is becoming of our Country? We will appeal this decision!” he added.

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His supporters meanwhile reacted to the ruling with a mostly positive tone:

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The gag order was originally issued in October by Judge Arthur Engoron but then stayed pending an appeal. However, in late November the matter was finally resolved in the judge’s favor, meaning the gag order was back in effect.

“A New York appellate court has reinstated a gag order prohibiting former President Donald Trump and attorneys from making public statements about the courtroom staff in the ongoing $250 million civil fraud trial,” according to CNN.

“Judge Arthur Engoron originally issued the order barring Trump from making public statements about his court’s staff after Trump made numerous comments about a clerk, who Trump says is biased against him,” CNN notes.

Back in October, Trump posted a picture to Truth Social of Judge Engoron’s clerk posing with Senate Majority Leader Chuck Schumer. In the post, the former president mockingly referred to her as “Schumer’s girlfriend.”

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The post led to the clerk being harassed.

“Hundreds of threats against Engoron and the law clerk were made public last week. Engoron’s clerk has received 20 to 30 calls per day to her personal cell phone and 30 to 50 messages daily on social media platforms and two personal email addresses, according to court papers,” according to CNN.

The judge was not pleased.

“This morning one of the defendants posted on (a) social media account a disparaging untrue and personally identifying post about a member of my staff. Although I have since ordered the post deleted and apparently it was, it was also emailed out to millions of other recipients,” the judge said in court.

Vivek Saxena

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