The judge has temporarily lifted the gag order on Trump in the case of interference in the 2020 election.

The judge presiding over the 2020 election interference case involving Donald Trump in Washington has agreed to temporarily lift her limited restriction on speech. This decision allows Trump’s legal team to present arguments against imposing any limitations on the former president’s comments as the case progresses towards trial.

The gag order will continue to be suspended temporarily by U.S. District Judge Tanya Chutkan as she reviews Trump’s request to discuss the case openly while he contests the limitations in higher courts.

The gag order Chutkan issued Monday barred him from making public statements targeting prosecutors, court staff and potential witnesses. It’s the most serious restriction a court has placed on Trump’s inflammatory rhetoric, which has become a centerpiece of his grievance-filled campaign to return to the White House.



The lawyers representing Trump promptly filed an appeal with the D.C. Circuit Court after the ruling. In their court documents on Friday, they argued that the gag order should be lifted during the ongoing legal proceedings, as they deemed the restrictions to be severe and unacceptable. They further contended that neither the judge nor the prosecutors have adequately justified the order, asserting that the former president has not engaged in any unlawful threats or harassment.

The defense argued that the Gag Order undermines the rights of President Trump’s audiences, which includes millions of American citizens who are now prohibited from hearing his opinions on significant matters.

Chutkan instructed special counsel Jack Smith’s team to submit any objections to Trump’s request for an extended pause on the gag order until the appeal, before Wednesday.

In her ruling on Monday, Chutkan stated that Trump has the right to express his opinions about the Justice Department and proclaim his innocence, as well as argue that the case against him is politically motivated. However, she emphasized that his remarks defaming prosecutors and potential witnesses have gone too far and might incite his supporters to threaten or harass those individuals.

In rallies and on social media, Trump has attempted to demonize Smith and other individuals, portraying himself as a target of a biased legal system that is trying to prevent him from serving another term.

Trump has decried the order as unconstitutional, and has used it to amplify his claims that he is being politically persecuted. The former president has denied any wrongdoing in the case charging him with illegally scheming to overturn his 2020 election loss to Democrat Joe Biden.

It’s the second gag order imposed on Trump in the last month. The judge overseeing Trump’s civil fraud trial in New York earlier this month issued a more limited gag order prohibiting personal attacks against court personnel following a social media post from Trump that maligned the judge’s principal clerk.

Trump was fined $5,000 on Friday after his disparaging post lingered on his campaign website for weeks after the judge ordered it deleted. Judge Arthur Engoron avoided holding Trump in contempt for now, but reserved the right to do so — and possibly even put the ex-president in jail — if he again violates the limited gag order.

Trump’s lawyers also filed court papers Friday in response to prosecutors’ request for steps to protect the identity of prospective jurors. Prosecutors have said they are concerned about what Trump might do with research on possible jurors, pointing to his “continued use of social media as a weapon of intimidation in court proceedings.”

In their submission, Trump’s legal team stated that the ex-president does not plan to make the names or any other details about the jurors public. They also emphasized that Trump strongly disagrees with any notion that the jury might be in danger because of their involvement in his trial.

Trump’s legal team stated that if these comments were presented to the jury, they would be highly biased and would require an immediate mistrial.

• Richer reported from Boston.

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