VANITY FAIR
Donald Trump has appealed the limited gag order placed on him on Monday by a federal judge barring him from attacking prosecutors and their staff, court staff, and any potential witnesses in the federal election case against him. His lawyers filed a notice of appeal on Tuesday, the same day that the ex-president complained to reporters outside his New York fraud trial, “My speech has been taken away from me. I’m a candidate that’s running for office, and I’m not allowed to speak. This is a railroading.”
Trump is, of course, free to speak on virtually any topic he wishes, outside of the parties specified by Judge Tanya Chutkan, who made it abundantly clear that her order is not prohibiting Trump from maintaining his innocence, claiming the case is politically motivated, “criticizing the government generally, including the current administration or the Department of Justice,” or criticizing 2024 rivals, including former vice president Mike Pence.
On Wednesday, The Messenger reported that John Lauro, a lawyer representing the ex-president in the federal election case, has been informed by the US Court of Appeals for the District of Columbia Circuit that he must join the court’s bar before the appeal can be accepted. “Our records reveal that you are not a member of the bar of this court,” a letter to Lauro reads. “It is the policy of the court that all attorneys appearing before it be members of the bar of this court. Our rules do not allow us to accept filings from attorneys who are not members.” (In a statement, Lauro told the outlet, “I’ve been a member of the DC bar and the federal trial court bar for nearly 40 years. This is a routine request from the federal appellate court to join its bar, which I will do in order to represent President Trump in this important matter.”) His application to join the bar is due by November 2.
Special counsel Jack Smith and his team had originally requested a limited gag order on Trump last month, saying in a court filing that he had posted or shared comments “attacking the citizens of the District of Columbia, the Court, prosecutors, and prospective witnesses,” and that in doing so, he “threatens to undermine the integrity of these proceedings and prejudice the jury pool.” Prosecutors also noted that the ex-president’s incendiary remarks have seemingly inspired actual threats of violence. “The defendant’s relentless public posts marshaling anger and mistrust in the justice system, the Court, and prosecutors have already influenced the public,” they wrote. “For instance, on August 5, 2023, an individual was arrested because she called the Court’s chambers and made racist death threats to the Court that were tied to the Court’s role in presiding over the defendant’s case.”
In imposing the order on Monday, Judge Chutkan said, “Mr. Trump is a criminal defendant. He is facing four felony charges. He is under the supervision of the criminal justice system and he must follow his conditions of release.” She added, “This is not about whether I like the language Mr. Trump uses. This is about language that presents a danger to the administration of justice.”
