Donald Trump is challenging a gag order imposed in his federal election subversion case, with the potential to gain new leeway to attack the case against him.
The judges appear likely to restore the limited gag order, which prevents Trump from verbally attacking court staff, prosecutors, or potential witnesses.
The case raises complex questions about the First Amendment, the rights of a criminal defendant, and the implications for future political candidates. (Trending: Donald Trump Confronts Bud Light CEO)
“There are many legal questions we have talked about in the context of Donald Trump over the years (and) nothing is harder for judges to sort out than the First Amendment and these free speech issues,” CNN legal analyst Elliot Williams said.
“At some point, a judge has to step in and almost arbitrarily decide what is okay and what isn’t. They were clearly grappling with this over hours and hours.”
Trump’s relentless attacks on the judicial process reflect his willingness to use the legal system for political gain.
If he loses the appeal, he may use it as a political talking point.
“I don’t even think they will take it up. I will be very surprised if they do,” said national security lawyer Bradley Moss.
Moss emphasized that the Supreme Court is “not just your safety valve whenever you get a ruling that you don’t like.”
He then said the case will serve as “a great political talking point if they lose.”