A three-judge panel of the D.C. Circuit Court of Appeals is considering the gag order imposed on former President Donald Trump, expressing concerns about its impact on his ability to defend himself and engage in public discourse.
The judges questioned the broad scope of the order, suggesting that it could hinder Trump’s ability to respond to criticism and engage in political debates.
“It would be really hard in a debate, when everyone else is going at you full bore. Your attorneys would have to have scripted little things you can say,” Millet said.
While acknowledging the need to prevent witness intimidation, the panel indicated a willingness to narrow the scope of the order.
“We have to use a careful scalpel here,” Millett said.
The prosecution’s claims of Trump inciting violence and silencing witnesses were also brought into question.
Additionally, 18 states’ attorneys general have filed amicus briefs urging the court to strike down the gag order, citing concerns about free speech rights.
The attorneys general wrote, “As administrators of free and fair elections, we have an interest in ensuring no illegal prior restraint is entered against any major political candidate. Indeed, our citizens have an interest in hearing from major political candidates in that election. The Order threatens the States’ interests by infringing on President Trump’s free speech rights.”
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