Trump appeals gag order in election interference case

Former President Trump’s attorneys launched an appeal Tuesday of a gag order restricting who he can attack as he rails against his prosecution in the Jan. 6 election interference case. 

The notice of appeal does not include any legal arguments, but Trump’s legal team is expected to challenge the order on First Amendment grounds, as the former president has complained the order unfairly restricts his freedom of speech.

The swift motion came one day after Judge Tanya Chutkan largely sided with prosecutors in restricting Trump’s language in the case, barring him from speech that “targets” expected witnesses in the case, court personnel, as well as attorneys in the case — including prosecutors. 

An order issued by Chutkan on Tuesday cited the “significant and immediate risk” faced by those singled out by Trump on social media or in his speeches, noting “undisputed testimony … [that] those individuals are consequently threatened and harassed.”

Still, Trump retains wide latitude to criticize President Biden and his administration, the Justice Department, the case in general and Washington, D.C.

Special counsel Jack Smith’s team asked Chutkan to bar Trump from making disparaging or intimidating remarks, noting it could chill witness testimony and had already spurred threats against a number of people involved in the case. 

“I’ll be the only politician in history that runs with a gag order where I’m not allowed to criticize people. Can you imagine this?” Trump told a crowd in Iowa shortly after the Monday hearing. 

“We’ll appeal it and we’ll see. But it’s so unconstitutional. The good thing is we have so much support, it’s incredible.”

Trump attorney John Lauro complained Monday that all of the speech issues in the case are “inextricably intertwined” with the campaign, given the timing of the prosecution.

“Mr. Trump is allowed to say things like this is a politically motivated prosecution. He is entitled to say things he is being treated unfairly. He is allowed to speak truth to oppression,” Lauro said.

Updated at 3:48 p.m. ET