Attorneys for Donald Trump have asked the D.C. Circuit Court of Appeals to give the former president a second chance to appeal a limited gag order in his election subversion case.
In a filing on Monday, attorneys John Lauro, Todd Blanche, and D. John Sauer argued that a three-judge panel violated Supreme Court precedent when it found that D.C. District Court Judge Tanya Chutkan correctly placed a gag order on participants in the trial.
"The opinion holds that President Trump must be silenced to protect trial participants from possible threats or 'harassment' from unrelated third parties," the filing noted. "In doing so, the opinion conflicts with decisions of the Supreme Court and other Circuits, warranting en banc consideration both to secure uniformity of this Court's decisions and because of the question's exceptional importance."
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"The prosecution presented no evidence of any threats or harassment to any prosecutor, potential witness, or court staffer," the document stated, "the only people protected by the gag order—during the case's months-long pendency. Likewise, the prosecution presented no evidence that any prosecutor, potential witness, or court staffer felt intimidated by President Trump's speech, despite the prosecution's unique access to such persons."
Earlier this month, the three-judge panel largely upheld Chutkan's gag order but narrowed it slightly.
"We agree with the district court that some aspects of Mr. Trump's public statements pose a significant and imminent threat to the fair and orderly adjudication of the ongoing criminal proceeding," Judge Patricia Millett noted in an order on Friday.
Trump pledged to appeal the ruling to the U.S. Supreme Court.
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