The United States Court of Appeals for the District of Columbia Circuit recently put a gag order against former President Donald Trump in a case over the Jan. 6 Capitol insurrection on hold until more evidence is presented. The Gag Order pertaining to Mr. Trump was issued on April 9th by the trial court judge presiding over the case.
Trump’s lawyer, Megan L. Brasey, had asked the appellate court to intervene to stop the Order, arguing that there had been no evidence presented to show that Mr. Trump’s comments related to the case could influence the legal proceedings or jury. The Circuit Court agreed and issued a temporary stay, saying that the trial court had not provided “adequate justification” for the gag order and that it should stay in place until further details were revealed.
The trial court had issued the Order after Mr. Trump made several statements in which he denied the validity of the charges that he incited the January 6 insurrection. Trump has repeatedly denied that he bears any responsibility for the riot, and that he was merely speaking in a “peaceful and patriotic” manner when he asked his supporters to “fight” against the certification of the election result.
The unusual circumstances of the case led the appellate court to agree that the gag order disproportionately restricted the former president’s right to free speech. For now, the gag order has been suspended and Trump has the ability to make comments about the case, but the court could still decide to impose the order if they believe that Trump’s statements will prejudice the proceedings.
This recent appellate ruling has once again highlighted the restrictions that can be placed on a former president’s public statements. Mr. Trump’s legal team has managed to safeguard his fundamental right to free speech in this instance, but should he be convicted of his charges – a gag order could still be imposed in order to guarantee a fair trial.
