After two hours of arguments, it appears that the federal appeals court was leaning toward reinstating Donald Trump’s gag order.
Trump’s lawyer argued, “Criminal speech obviously is subject to the restrictions that political speech, that is core political speech, that’s part of campaign speech that.”
Judge Patricia Millett wasn’t necessarily buying the distinction, “I think that kind of calling labeling it core political speech begs the question of whether it is in fact political speech or whether it is political speech aimed at derailing or corrupting the criminal justice process. You can’t simply label it that and conclude your balancing test that way we have to balance.”
Judge Patricia Millett during Trump’s gag order appeal, ” I don’t think that kind of labeling it core political speech begs the question of whether it is in fact political speech or whether it is political speech aimed at derailing or corrupting the criminal justice process.” pic.twitter.com/ZHmSG1r5KS
— Sarah Reese Jones (@PoliticusSarah) November 20, 2023
The court also seemed to see the threat posed by Trump’s rhetoric and as NBC News’s Ken Dilanion reported, the judges seem to be leaning toward reinstating Trump’s gag order:
Judges appear to be leaning toward reinstating Trump’s gag order. pic.twitter.com/FxRQw60SS8
— PoliticusUSA (@politicususa) November 20, 2023
It is possible that the judges may reinstate the gag order, but narrow its scope, but during the two hours of arguments, it sounded like the court was leaning in the direction of putting the gag order back into place, because Trump has demonstrated that he both will not limit himself, and that using dangerous rhetoric is part of his political strategy for the 2024 election.
Jason is the managing editor. He is also a White House Press Pool and a Congressional correspondent for PoliticusUSA. Jason has a Bachelor’s Degree in Political Science. His graduate work focused on public policy, with a specialization in social reform movements.
Awards and Professional Memberships
Member of the Society of Professional Journalists and The American Political Science Association