NEW: Judge Deals Jack Smith A Huge Blow On Trump Gag Order

The United States Court of Appeals for the District of Columbia Circuit has partially overturned a gag order imposed in the high-profile case against former President Donald J. Trump. The ruling represents a significant setback for Special Counsel Jack Smith and a major victory for supporters of the former President.

The case, which has garnered national attention, centers around charges against Trump for allegedly conspiring to overturn the 2020 presidential election and obstructing its certification.

Following his indictment, Trump was known to have made several public statements on social media, targeting potential witnesses, the judge, and the Special Counsel’s team. This led to the district court issuing a restraining order to limit public statements that could potentially influence the proceedings.

However, in a decisive move, the Appeals Court has found that the district court’s order was overly broad, infringing upon protected speech more than necessary.

“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 court ruled.

While the court agreed that some of Trump’s statements posed a significant threat to the fair adjudication of the case, justifying the protective order, they emphasized a need to balance this with the constitutional guarantee of free speech.

“Freedom of speech is a bedrock constitutional right. Americans are free to speak, listen to others, and make up their own minds about their government and the world around them. ‘The First Amendment reflects ‘a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open.'”

Reading now DC appellate court ruling that mostly upholds gag order on Trump.

One thing is very clear: This panel strongly refuted the media's description of the order as "narrow."

"The district court’s order, however, sweeps in more protected speech than is necessary." pic.twitter.com/uyCcCb2azv

— Julie Kelly 🇺🇸 (@julie_kelly2) December 8, 2023

The revised order now specifically prohibits parties and their counsel from making public statements about known or foreseeable witnesses concerning their potential participation in the investigation or criminal proceeding. It also restricts statements about the case’s counsel (excluding the Special Counsel), court and counsel staff, and their family members, but only if made with the intent to materially interfere with the case or with the knowledge that such interference is highly likely.

On balance–while the Dem judges certainly take their shots at Trump–the decision is a defeat for Judge Chutkan and Jack Smith in particular.

As far as public statements re potential witnesses–Chutkan prohibited all comments on those individuals including former WH officials.…

— Julie Kelly 🇺🇸 (@julie_kelly2) December 8, 2023

“The Supreme Court has instructed courts that when they are imposing orders restricting speech about judicial proceedings, they must in all cases consider both ‘the imminence and magnitude of the danger’ to the judicial process that flows from the speech and ‘the need for free and unfettered expression.'”

The ruling is particularly significant given the politically charged nature of the case. Critics of the Special Counsel have often accused him of overreach and bias against the former President. Supporters of the former President have hailed the decision as a victory for free speech and a blow to what they perceive as a politically motivated prosecution.

On August 1, Trump faced four federal indictments as a result of Smith’s January 6 investigation. The charges encompass conspiring to defraud the United States, plotting to obstruct an official proceeding, obstructing and attempting to obstruct an official process, and conspiracy against rights.

The trial for Trump’s alleged interference in the 2020 election will take place on March 4, 2024.