Federal appeals court Judge Bradley Garcia expressed skepticism about overruling a gag order that Judge Tanya Chutkan placed on Donald Trump in his election subversion case.
In a hearing on Monday, a panel of three judges heard arguments from Trump's attorney, John Sauer, about why his client should be able to speak about witnesses and make public statements that critics argue could influence prospective jury members.
"We have a past pattern," Garcia explained. "When the defendant speaks on this subject, threats follow ... We're months out from the trial. This is predictably going to intensify ... Why does the district court have to wait and see, wait for the threats to come?"
According to Politico's Kyle Cheney, the judges were not receptive to Trump's arguments.
"Seems pretty clear the panel is not thrilled with Trump's position on the gag order," Cheney wrote. "Trump's position is basically that he must commit criminal witness intimidation/tampering to become subject to a gag order, a position the judges say is not tenable."
