Former President Donald Trump is again trying to overturn a partial injunction imposed on him ahead of the 2020 federal election hearings.
Trump’s lawyers asked the full D.C. Circuit Court of Appeals to look into the matter on Monday, arguing that the order was upheld on the wrong legal grounds.
The ban imposed by US District Judge Tanya Chutkan was narrowed by a three-judge appeals panel earlier this month, but the 77-year-old is still barred from rhetorically attacking known or “foreseeable” witnesses in the case.
In his filing, Trump’s lawyer John Sauer argued that the first appeals decision “overlooked and misunderstood” the legal issues and misrepresented Trump’s statements.
Sauer also argued that the judge made paperwork about the importance of the Trump campaign in 2024, and argued that prosecutors had no evidence of “threats or harassment of any prosecutors, potential witnesses or court personnel” affected by the order.
Notably, Chutkan himself has faced threats related to the Trump case, which is scheduled for trial in March next year.
Donald Trump has accused prosecutors of launching a ‘witch hunt’ against him. AFP via Getty Images
“The panel opinion here treats the fact that President Trump is the front-runner for President as almost irrelevant,” Sauer wrote in the 97-page filing.
“The panel’s opinion depends heavily on the audience’s expected reaction to President Trump’s speech,” he added. “Under the First Amendment, public speakers ‘shall not be charged with danger’ that their audience may respond with disorder or violence.'”
Earlier this month, after Chutkan rejected Trump’s claim that charges should be brought against him based on presidential immunity, his team appealed to the Supreme Court, which is considering whether to take up the challenge.
Jack Smith is leading two Justice Department criminal cases against Donald Trump. AFP via Getty Images
Special counsel Jack Smith asked the Supreme Court to rule on the matter quickly to keep the trial on track to begin on March 4.
Last week, Chutkan took note of the appeal in a filing announcing that “any further proceedings” in the case were stayed. He also stated that the partial gag order will continue to be in effect.
“If a criminal defendant can circumvent such critical protections simply by asserting immunity and then appealing its denial, then while an appeal is pending, the defendants can jeopardize any future proceedings and their participants,” he wrote.
Trump has pleaded not guilty and denied wrongdoing, as he has in all four pending cases against him.
Tanya Chutkan has declined to delay plans for a trial start date of March 4, 2024, but has not ruled out the possibility. United States District Court for/AFP via Getty Images
Last week, the high court announced plans to take up a separate case related to the Capitol riots on January 6, 2021 that could have major implications for Trump’s federal election claims.
At issue is the scope of the obstruction of justice charge, which Trump faces in addition to three other charges.
Separately, Trump launched a First Amendment challenge to the 2020 Georgia election subversive case, in which he faces 13 charges.
Trump is the 2024 GOP front-runner for the party’s presidential nomination.
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Source: thtrangdai.edu.vn/en/
