Former President Donald Trump on Thursday evening filed an emergency request asking a federal appeals court to suspend a federal judges’s gag order limiting what he can say about his Jan. 6 criminal case.
In a filing to the U.S. Circuit Court of Appeals for the District of Columbia, Trump’s lawyers argued that U.S. District Judge Tanya Chutkan’s order was unconstitutional and infringed on his ability to speak as a presidential candidate in the 2024 race.
“No court in American history has imposed a gag order on a criminal defendant who is actively campaigning for public office — let alone the leading candidate for president of the United States,” the appeal argued.
“The prosecution’s request for a Gag Order bristles with hostility to President Trump’s viewpoint and his relentless criticism of the government—including of the prosecution itself,” the defense lawyers added. “The Gag Order embodies this unconstitutional hostility to President Trump’s viewpoint. It should be immediately stayed.”
Leading by a wide margin in the GOP presidential polls, the former president had sought the same kind of stay from Chutkan, but was turned down earlier this week.
The judge had issued the gag order last month after prosecutors raised concerns that Trump’s statements could intimidate witnesses or endanger prosecutors.
In a separate statement, the Trump Campaign said Thursday night that the judge’s order and the prosecution’s request smacked of political interference in the 2024 election.
“The Biden Administration chose to indict President Trump in the middle of 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,” it said.
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