Trump asks appeals court for emergency stay on gag order

By Jen Krausz on
 November 4, 2023

Former President Donald Trump filed Thursday with the U.S. Circuit Court of Appeals for the District of Columbia to secure an immediate suspension of a gag order against him by Judge Tanya Chutkan in the case involving Jan. 6, 2021, and the appeals court granted a temporary stay of the order on Friday.

Trump's lawyers argued that the gag order prohibits him as a leading candidate for public office from speaking about the case against him, which they said was unconstitutional.

“No court in American history has imposed a gag order on a criminal defendant who is actively campaigning for public office — let alone the leading candidate for president of the United States,” the appeal argued.

“The prosecution’s request for a Gag Order bristles with hostility to President Trump’s viewpoint and his relentless criticism of the government—including of the prosecution itself,” the defense lawyers added. “The Gag Order embodies this unconstitutional hostility to President Trump’s viewpoint. It should be immediately stayed.”

Chutkan turned down a similar stay earlier in the week. Then again, she's the one who implemented the gag order, arguing that Trump could intimidate witnesses and others in the case against him with his critical comments.

The temporary stay only gives the appeals court time to rule on the merits of the order.