Trump Lawyers Battle Gag Order in Election Subversion Case

A three-judge panel of the DC Circuit Court of Appeals appears inclined to restore the limited gag order in former President Donald Trump's federal election subversion case, but may loosen some restrictions so he can more directly criticize special counsel Jack Smith. The judges expressed skepticism towards Trump's claims that the gag order violates his free speech rights, but also posed sharp questions to prosecutors about the boundary between campaign rhetoric and undermining a criminal case. Trump's attorneys in the Fulton County election subversion case are seeking access to discovery material held by Smith in the federal case. The judges also raised concerns about potential juror doxing resulting from Trump's speech and discussed balancing Trump's constitutional rights to political speech with the need to protect the trial's fairness and integrity. The judges signaled they may narrow the gag order to allow Trump to criticize Smith and his team.