Trump says he'll appeal gag order to Supreme Court if he loses below

November 4, 2023

Former President Donald Trump said Thursday that if a D.C. appeals court won't lift the gag order limiting his speech about Jack Smith's indictment of him on charges related to Jan. 6, 2021, he will take the matter all the way to the Supreme Court.

"President Trump has made months of public statements about this case, but the Department of Justice submitted no evidence of any actual or imminent threat to the administration of justice. Instead, when asked about the supposed threat to the case, the prosecution admitted, 'of course this prejudice is speculative,'" the appeals court filing read.

The appeals court did temporarily stay the gag order on Friday but will decide on the merits of the case at a later time.

Trump's attorneys said the gag order amounts to a "heckler's veto," which is unconstitutional.

The court is afraid staff and witnesses will get threats, as has happened in response to other similar comments of Trump's. Trump has never asked anyone to get violent with any of the people who are acting against him, but his supporters are loyal, and a few have apparently gone overboard with their loyalty.

This possibility does not negate Trump's right to free speech, however. Law enforcement needs to deal with people who make threats, including Trump if it ever goes that far, but that's it.

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