Trump Still Gagged, Still Whining In DC Elections Case

//

(Photo by Win McNamee/Getty Images)

Donald Trump successfully put off testifying in the E. Jean Carroll case until after the New Hampshire primary, thanks to a conveniently-timed sick juror. But he still managed to get his ass kicked in court, thanks to the DC Circuit.

googletag.cmd.push( function() { // Display ad. googletag.display( "div-id-for-top-300x250" ); });

In the nation’s capital, the former president sought review of a gag order originally issued in October in the election interference prosecution. In that order, Judge Tanya Chutkan barred Trump from making public statements which “target” the Special Counsel or his staff, court staff, or any witnesses in the case. Trump’s appeal attracted supportive amicus briefs from the Christian Family Coalition, the America First Legal Foundation, and the Attorneys General of Iowa, West Virginia, Alabama, Alaska, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, and Utah.

Sponsored The State Of Small Law Firms In An Era Of Change What are the most promising developments for gains in firm performance? From Thomson Reuters and Above the Law  

But it was not to be. After a tumultuous hearing in November, Judges Millet, Pillard, and Garcia narrowed the order to allow Trump to attack Special Counsel Jack Smith personally, as well as tightening up the term “target.” But otherwise, they let it stand, rejecting Trump’s argument that he’s allowed to endanger court staff and witnesses because he’s running for president.

Naturally, Trump requested en banc review, hoping to extract another administrative stay pending rehearing. But that gambit failed as well, with the court issuing a one-sentence brush-off this morning.

googletag.cmd.push( function() { // Display ad. googletag.display( "div-id-for-middle-300x250" ); }); googletag.cmd.push( function() { // Display ad. googletag.display( "div-id-for-storycontent-440x100" ); }); googletag.cmd.push( function() { // Display ad. googletag.display( "div-id-for-in-story-youtube-1x1" ); });

“Upon consideration of appellant’s petition for rehearing en banc, the response thereto, and the absence of a request by any member of the court for a vote, it is ORDERED that the petition be denied,” read the per curiam order.

Not even Trump’s own appointees, Judges Katsas, Rao, and Walker, wanted a piece of this stinker. Presumably they’re keeping their powder dry for his magical immunity appeal, if and when Judges Henderson, Childs, and Pan ever get finished writing an opinion and boot him back to the trial court.

Sponsored Sponsored How 160 Legal Tech Decision-Makers Are Combating Cybersecurity Threats Do law firms recognize the gravity of the challenges they’re facing? From Arctic Wolf and Above The Law   Sponsored The Solo & Small Firm Compensation Report Is Here! More than 1,000 small firm lawyers provide a glimpse into their pay. From iManage and Above The Law   Sponsored The Future Of Professionals Report: How AI Is The Catalyst For Transforming Every Aspect Of Work 1,200 professionals weigh in on fulfilling the promise of artificial intelligence.  From THOMSON REUTERS AND ABOVE THE LAW   Sponsored How 160 Legal Tech Decision-Makers Are Combating Cybersecurity Threats Do law firms recognize the gravity of the challenges they’re facing? From Arctic Wolf and Above The Law  

In the meantime, Trump will undoubtedly appeal the gag order to the Supreme Court, if only to try his hand at wangling another administrative stay so he can threaten Mark Meadows some more.

When you’re a star, they let you do it.

US v. Trump [Circuit Docket via Court Listener]
US v. Trump [District Docket via Court Listener]

googletag.cmd.push( function() { // Display ad. googletag.display( "div-id-for-bottom-300x250" ); });

Liz Dye lives in Baltimore where she writes the Law and Chaos substack and appears on the Opening Arguments podcast.

Sponsored Sponsored The State Of Small Law Firms In An Era Of Change What are the most promising developments for gains in firm performance? From Thomson Reuters and Above the Law   Sponsored How This Law Firm Converts 4x More Web Traffic Through Digital Transformation How making one simple change to their website, and no additional marketing spend drove 4x the number of qualified leads through their law firm’s website. From Lawbrokr   Topics

DC Circuit, Donald Trump, First Amendment, Government, Jack Smith, Tanya Chutkan