Lawyers for former President Donald Trump asked a federal appeals court on Thursday to withdraw its oral order in the Jan. 6 case, calling it an unreasonable and unprecedented attempt to restrict the 2024 GOP primary runner’s right to free speech.
“No court in American history has imposed a gag order on a criminal defendant who is actively campaigning for public office — let alone a major candidate for President of the United States,” Trump’s lawyers wrote in an emergency request Nov. 2 before the US Court of Appeals in Washington, DC.
“That centuries-old practice was broken on October 17, 2023, when the district court entered its Opinion and Order, A1 (‘Gag Order’), silencing President Trump’s core political speech during the historic Presidential campaign,” the filing said.
Trump’s legal team – led by Florida attorney John Lauro and Missouri attorney Jon Sauer – asked a federal appeals court to pause the gag order in the 2020 election case and issue its own decision by November 10.
Lawyers for former President Donald Trump asked a federal appeals court on Thursday to lift the gag order in the Jan. 6 case, calling it an improper and unprecedented attempt to stifle the 2024 GOP front-runner’s free speech.AP On Sunday, D.C. US District Judge Tanya Chutkan reinstated the gag order after federal prosecutors filed a memo citing Trump’s “history of using inflammatory language to target” their team, judges, jurors and witnesses.AP
The lawyer added that they will appeal to the US Supreme Court if the motion is denied.
On Sunday, US District Judge Tanya Chutkan reinstated the gag order after federal prosecutors filed a memo arguing that Trump’s “history of using inflammatory language to target” their team, judges, potential jurors and political witnesses has increased the risk of threats. and threats.
Special counsel Jack Smith pointed to recent posts on Trump’s social media accounts — including one suggesting his former White House chief of staff Mark Meadows was granted immunity in exchange for false testimony.
“If you say BAD THINGS about that terrible ‘MONSTER’, DONALD J. TRUMP, we won’t put you in jail, you can keep your family and your wealth, and, maybe, if you can make some really terrible ‘STUFF . a[b]instead of him, we might erect a statue of you in the middle of our decaying and now very violent capital, Washington, DC,” the former president, 77, said on Truth Social.
Special counsel Jack Smith cited recent posts on Trump’s social media accounts, including suggesting former White House chief of staff Mark Meadows be granted immunity in exchange for false testimony.AP
“Some people will make the deal, but they are weak and cowardly people, and very bad for the future [of] Our Failed Country. I don’t think Mark Meadows is one of them, but who really knows?”
Chutkan had initially imposed the gag order after Trump singled him out as a “radical Obama hack” and Smith as a “crazy” and “thug” in several posts – and said that former Attorney General Bill Barr “should be executed for his many posts. Treasonous acts.” “
Smith also said a Texas woman called Chutkan’s office and threatened to kill him in August if Trump was not re-elected in 2024. The woman was later charged with the threat and her trial began this week.
Trump’s lawyers argued in their filing that federal prosecutors had requested a gag order without justification and that the threats they cited were, by their own estimation, “speculative.”
Trump’s lawyers argued in their filing that federal prosecutors had requested a gag order without justification and that the threats they cited were, by their own estimation, “speculative.” Getty Images
“President Trump has made public statements for months about this case, but the Department of Justice (‘the prosecution’) has presented no evidence of any actual or imminent threat to the administration of justice,” they wrote.
Lawyers also said the order “violates the First Amendment rights of President Trump and the more than 100 million Americans who listen to him,” “restricts core political and campaign speech” and ultimately “silences public criticism of very important public figures.”
“Especially offensive is the biased nature of the Gag Order. It prevents President Trump from ‘targeting’ senior public figures — such as the Vice President [Mike] Pence and Attorney General Barr — who routinely attack him and his fitness for the presidency,” they said.
“And it prevents him from responding to the Special Prosecutor, who has made inflammatory public comments about President Trump, and his team has apparently leaked classified details to the press.”
Trump’s lawyers previously unsuccessfully requested that the former president’s trial on four counts related to his attempt to overturn the 2020 election be moved past Election Day 2024.REUTERS
Trump leads the 2024 Republican party by 45 percentage points, according to the RealClearPolitics polling average.
Aggregator RealClear also shows the former president nearly ahead of President Biden in national popular vote polls.
“The Biden administration chose to impeach President Trump in the middle of the campaign season in a politically motivated attempt to derail his candidacy, and the First Amendment allows President Trump to speak out against this unconstitutional tyranny,” campaign spokesman Steven Cheung said in a statement.
“American voters have a fundamental right to hear the unfiltered voices of the leading candidates for the highest office in the land.”
Trump leads the 2024 Republican primary by 45 percentage points, according to the RealClearPolitics polling average.AFP via Getty Images
Trump’s lawyers were unsuccessful in their initial request to move the former president’s trial on four counts related to his attempt to overturn the 2020 election past Election Day 2024.
The former president has pleaded not guilty and faces up to 55 years in prison if convicted on all charges.
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Source: thtrangdai.edu.vn/en/
