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November 04, 2023

Tom Fitton @TomFitton
(Nov 3, 2023)

Tonight, a DC federal appellate panel granted Trump's stay pending appeal of Judge Chutkan's unprecedented and anti-constitutional gag order. Indeed, Trump's legal team made a powerful agrument against the Biden regime and Judge Chutkan:

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. That centuries-long practice was broken on October 17, 2023, when the district court entered its Opinion and Order, A1 (the “Gag Order”), muzzling President Trump’s core political speech during an historic Presidential campaign.

Given the Gag Order’s extraordinary nature, one would expect an extraordinary justification for it. Yet none exists. President Trump has made months of public statements about this case, but the Department of Justice (“the prosecution”) 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.”

Based this speculation, the district court entered a sweeping, viewpoint-based prior restraint on the core political speech of a major Presidential candidate, based solely on an unconstitutional “heckler’s veto.” The Gag Order violates the First Amendment rights of President Trump and over 100 million Americans who listen to him.

President Trump’s uniquely powerful voice has been a fixture of American political discourse for eight years, and central to the American fabric for decades. The prosecution’s claim that his core political speech suddenly poses a threat to the administration of justice is baseless. The prosecutors and potential witnesses addressed by President Trump’s speech are high-level government officials and public figures, many of whom routinely attack President Trump in their own public statements, media interviews, and books.

President Trump’s viewpoint and modes of expression resonate powerfully with tens of millions of Americans. 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 Gag Order embodies this unconstitutional hostility to President Trump’s viewpoint. It should be immediately stayed.

President Trump requests a ruling on this motion by November 10, 2023, and requests an administrative stay pending the Court’s ruling. President Trump has notified the prosecution, who note that they oppose this motion. President Trump respectfully asks that this appeal be expedited to the greatest extent possible.

https://twitter.com/TomFitton/status/1720607337746944241

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