Donald Trump’s gag order has been put on hold as the appeals court weighs the judge’s restrictions

A judge’s partial oral injunction against Donald Trump has been stayed as an appeals court considers whether restrictions imposed on the former president in his federal election conspiracy case should be upheld.

A three-judge panel scheduled oral arguments for Nov. 20 in Trump’s appeal of U.S. District Judge Tanya Chutkan’s oral order. Meanwhile, the three justices imposed an administrative stay on the gag order, but said it “should in no way be construed as a decision on the merits” of Trump’s appeal. No time frame was given for the stay.

Chutkan issued an order last month barring Trump and others from attacking prosecutors, court staff and witnesses.

Chutkan wrote in her order that Trump’s comments about figures such as special counsel Jack Smith and Mark Milley, the former chairman of the Joint Chiefs of Staff and potential witnesses, make them targets of threats and intimidation. “The bottom line is that equal justice under the law requires equal treatment of criminal suspects; “The defendant’s presidential candidacy cannot excuse statements that would otherwise unbearably jeopardize the process,” she wrote.

The order prohibits all parties in the case from “making or directing others to make public statements that (1) target the special prosecutor prosecuting this case or his staff; (2) attorneys or their employees; (3) staff of this court or other support staff; or (4) any reasonably foreseeable witness or the content of his testimony.”

Trump will not be barred from commenting on the government in general, including the Biden administration and the Justice Department, nor will he be barred from asserting his innocence or that his impeachment is politically motivated, the judge said.

Trump’s legal team appealed Chutkan’s order. At a hearing last month, his attorney, John Lauro, said the gag order violated the former president’s First Amendment rights, noting that political speech during a presidential campaign enjoys a high level of protection.

Trump is expected to stand trial in March on federal prosecutors’ allegations that he was involved in a conspiracy to overturn the results of the 2020 presidential election. He pleaded not guilty.

Trump has been fined twice for violating the terms of a gag order imposed on him in another case, a civil fraud case currently pending in New York. Judge Arthur Engoron barred Trump from attacking members of his court staff. Engoron extended the gag order to the former president’s legal team.