In an extensive new filing on Wednesday, former President Donald Trump laid out his case to the D.C. Court of Appeals to nullify the gag order imposed on him by District Judge Tanya Chutkan in the 2020 federal election interference case.
Among the numerous arguments laid out in the brief is that the gag order is "invalid on its face," subject to strict scrutiny because it is a "prior restraint on speech," an "impermissible heckler's veto," and that it constitutes both viewpoint discrimination and a First Amendment violation against the "tens of millions of Americans who listen to President Trump."
The order in question, which was previously paused and reinstated by Chutkan herself, is narrowly tailored. It does not prohibit Trump from discussing the case generally, nor from criticizing the administration.
However, it does limit Trump from attacking prosecutors, court staff, and witnesses.
The appeals court has already temporarily paused the gag order ahead of oral arguments on the matter later this month. However, some legal experts have already suggested Trump's bid to strike it down is unlikely to succeed.
This is not the only gag order Trump is facing. He is also subject to one in the civil fraud trial against himself and his two adult sons in New York State.
He has already been fined two separate times for violations of that order.
