A three-judge panel of the D.C. Circuit Court of Appeals has lifted District Judge Tanya Chutkan’s gag order prohibiting Trump from criticizing the special counsel, Jack Smith, or “any foreseeable witness” in the case. [2-Page Opinion Here] In my opinion, it was the generalized “foreseeable witness” part of the Chutkan order that became the central issue for the appellate court. Jack Smith could name anyone as a potential witness, just to silence the accused.
President Trump’s team previously indicated in their filing to the appeals court that they are prepared to seek immediate relief at the Supreme Court. However, at least now, that approach will not be needed as the DC Appellate Court has blocked the gag order.
[ SOURCE LINK ]
It is a win for Donald Trump amid a highly political DC Circuit.
If the appeals court had ruled to uphold the gag order, they would have opened the door for the U.S. Supreme Court to weigh in and potentially overturn the lower rulings. Therefore, appeals court was most likely not willing to see their own credibility rest on the language of a motion written by Judge Chutkan.
In the ruling, the appeals court will accept briefings and oral arguments prior to making their own ruling on the matter. That will make any advancement to the Supreme Court much less likely to succeed. There’s a bit of court credibility and preservation playing out in this dynamic.
WASHINGTON – A federal appeals court on Friday lifted a gag order reining in Donald Trump’s comments about the criminal election-subversion case pending against him in Washington.
At the former president’s request, a three-judge panel of the D.C. Circuit Court of Appeals temporarily lifted U.S. District Court Judge Tanya Chutkan’s order prohibiting Trump from using his public statements to target special counsel Jack Smith and his team, court officials and potential witnesses in the case.
The appeals court’s action makes it likely that the gag order, which Trump contends violates his First Amendment rights and those of his supporters, will be sidelined for more than two weeks and perhaps longer. Trump has also complained that the order interferes with his rights as a presidential candidate to argue to voters that he is being politically persecuted by the Biden administration.
The D.C. Circuit set oral arguments on the gag order issue for Nov. 20. The panel issuing the order consisted of two Obama appointees — Patricia Millett and Cornelia Pillard — as well as the court’s newest member, Biden appointee Bradley Garcia. (read more)
…”No court in American history has imposed a gag order on a criminal defendant who is actively campaigning for public office—let alone the leading candidate for President of the United States. That centuries-long practice was broken on October 17, 2023, when the district court entered its Opinion and Order, A1 (the “Gag Order”), muzzling President Trump’s core political speech during an historic Presidential campaign.
Given the Gag Order’s extraordinary nature, one would expect an extraordinary justification for it. Yet none exists. President Trump has made months of public statements about this case, but the Department of Justice (“the prosecution”) submitted no evidence of any actual or imminent threat to the administration of justice. Instead, when asked about the supposed threat to the case, the prosecution admitted, “of course this prejudice is speculative.”
Based this speculation, the district court entered a sweeping, viewpoint-based prior restraint on the core political speech of a major Presidential candidate, based solely on an unconstitutional “heckler’s veto.” The Gag Order violates the First Amendment rights of President Trump and over 100 million Americans who listen to him.
President Trump’s uniquely powerful voice has been a fixture of American political discourse for eight years, and central to the American fabric for decades. The prosecution’s claim that his core political speech suddenly poses a threat to the administration of justice is baseless. The prosecutors and potential witnesses addressed by President Trump’s speech are high-level government officials and public figures, many of whom routinely attack President Trump in their own public statements, media interviews, and books.
President Trump’s viewpoint and modes of expression resonate powerfully with tens of millions of Americans. The prosecution’s request for a Gag Order bristles with hostility to President Trump’s viewpoint and his relentless criticism of the government—including of the prosecution itself. The Gag Order embodies this unconstitutional hostility to President Trump’s viewpoint. It should be immediately stayed.
President Trump requests a ruling on this motion by November 10, 2023, and requests an administrative stay pending the Court’s ruling. President Trump has notified the prosecution, who note that they oppose this motion. President Trump respectfully asks that this appeal be expedited to the greatest extent possible.”..
~ President Donald J Trump, Legal Team
Great!
Finally some sanity in this ongoing circus. Or farce. Or circus farce.
Circus farts…
This is has nothing to do with sanity. It is the D.C. Court of Appeals covering its Ass! An appeal would have opened a can of worms for the Lawfare Criminals.
^^^^^ THIS !! ^^^^^
Huh. Very interesting. I did not consider this (your take). Good point.
It’s more like CY(institutional)A.
Every single case against President Trump is a farce. It truly is incomprehensible to me that this is happening. There is definitely no more pretending about anything.
Bar association needs to be adressed. Sussman has his law license while they’re trying to disbar Eastman. They are the unelected gatekeepers of the judicial branch. Who can be lawyers and eventually become judges? They decide. And they are corrupted.
YES, and they are “trying” them all at the same time so they cannot defend each other in court. How convenient!
DISGUSTING PIGS!
Eastman should be in the Colorado courtroom.
GO J. D. VANCE!
Oh, and all the while they keep lowering the bar for the bar.
How about the judicial wasteland called New York? From that rabid zealot “Street Fighter” Tish James to Bozo Engoron and his ‘top clerk’ Allison Greenfield who by many accounts is directing her pet clown in open court reminiscent of Law and Order episode “ZERO” 2008.
Greenfield has also made illegal political donations (to democrats of course) well above the maxium allowed court officials in a calendar year.
Judge Engoron and AG Leticia James are by-products of more than 5 million illegal or invalid voter registrations hidden within the NYS Board of Elections rolls.
🎯🎯
👍👍
States need to license lawyers and do away with the bar which is hopelessly corrupt.
Like THAT would improve anything? Puhlease!
dutchman: Sad, but true. State licensure for just about every kind of “professional” (right down to beauticians and dog groomers) is a giant racket. Giant money collection machine, serving very little useful purpose.
It is a cartel
None Dare Call It Conspiracy.
The Sussmann’s of the legal industry control the bar associations in most states especially New York, New Jersey, Washington DC and California.
Try the City of London
The BAR Association is as worthless as the other three letter clubs. That goes to each state and county bar too. They are policing themselves. Might as well let the NCAA have oversight.
Do tell
https://gettr.com/post/p2twwabd35e
Way to stick it to the commie Judge Mr President
Let’s pretend there’s a justice system.
I don’t do pretend, anymore.
OMG NO, NO
he must be gagged
As someone who almost became president once said: “like with a cloth?”
Well played
Given the nature of any relief that could be expected from an appeals court made up of these deep state appointees, the Chutukan court must be that bad.
Good. But I’m still gagging.
In my opinion it was the generalized “foreseeable witness” part of the Chutkan order that became the central issue for the appellate court. Jack Smith could name anyone as a potential witness, just to silence the accused.
True, and until Smith filed a witness list, Trump and his counsel were left to guess about who might be a witness. Guess wrong, and Smith would be there with “Gotcha! That’s one of my potential witnesses.”
BINGO!
You are correct, the question of what is a ” generalised witness ” is meaningless and ensures that the gag order is only effective once Smith identifies a witness, so it would then be a matter of chronological fact as to whether Smith had identified an actual witness by name before Trump or any of his team/associates spoke about this individual in a public environment. The gag order is void for vagueness and we have not even got to the 1st Amendment issue yet.
Of course this matter is all upside down, gag orders, or super injunctions as we refer to them are usually the tools of the defendant who is concerned that any media publicity pre trial will prejudice a jury – and maybe a member of the judiciary. It goes without saying that the applicant seeking such an order must identify by name, department etc those people who have knowledge of the matter. We then serve the gag/injunction on all named individuals etc.
It wouldn’t have mattered if PDJT guessed wrong or right, Smith would claim “Witness!”
It’s like you can kill or ruin somebody you don’t like.
I don’t like that.
It should be illegal to me.
TWO LEFTIST Political System in the 20th Century did just that, kill and ruin people they didn’t like: National Socialism (aka NAZI) and Communism.
Leftists always lack creativity.
What they don’t lack is being brazen.
Kill or try to ruin the public reputation via smears and allegations of criminality (despite none really existing).
That’s been the unofficial (and immoral/ illegal as hell) operating policy of the Deep State-controlled Establishment for decades.
JFK was the first high profile victim of that policy in my lifetime, followed 5 years later by the assassinations of both RFK then MLK Jr. A few decades later, add the dozens of “Arkancide” victims of the Clintoons (what was Clinton Inc. doing that merited so many murders of people who knew and fell out of favor with them?).
Also add the disappearance or untimely deaths of dozens of witnesses of government criminal activities across the decades about whom most people have forgotten. One in particular- the woman who was the only witness to the truth about Barack Obama’s Hawaii birth certificate becomes the only passenger among many to die in a plane crash.
Actually, first is corrupt them, as thats easier, less messy, etc. and it WORKS, 99% of the time.
The other is held in reserve for the uncorruptible which are few and far between.
They “politically” assassinated Nixon, too.
What was the underlying motive to do so? (for example, JFK had threatened to dissolve the CIA and the Federal Resrve)
🎯
Money, power, prestige. Nixon was not Ivy League, unlike the Kennedy family. I think Nixon was going to spill some CIA beans, too; so the “IC” took him out.
I can’t recall reading about Nixon wanting to rat on the CIA, but I do recall that after the June 3, 1972 audio (tape) recording of the president – discussing the break-in and what he and his allies needed to do to ensure a cover-up and get the FBI off the scent – was released on August 5, 1974, the Republican leaders of the Senate and House of Representatives met with him two days later to discuss the situation and explain their lack of support for him. They told him he was sure to be impeached and convicted of obstructing justice. So he gave a televised public address on the night of the 8th and officially resigned on the 9th.
I want to say that this was about the Bay of Pigs stuff and that, while not generally known, Kennedy flubbed much with Krushchev, giving the Soviets much of what they wanted.
Look up Geoff Shepard for more on Watergate from an insider’s point of view who was there at the time.
Eric Holder’s message has been received.
👍 Exactly.
Time for mean Xs.
What good will a Supreme Court be when an un-elected rPresident can pack the court with illegitimate activist Judges. Once more election heist will finish it off like President Trump is warning us about
That’s true, oh Glum One.
However, this is a win for now. Many treepers never believed we would witness such a win in the DC court system.
I’m okay with the Appeals Court watching out for their back-sides; makes no difference to me. A MAGA win is a MAGA win.
From my perspective, (perhaps I am naive and gullible) the Trump Team seems to know how to play the game in D.C. and as always I fall back on my favorite quote from Wilbur Ross:
“Underestimate Donald John Trump at your own peril.”
President Trump is not finished just yet.
I’ll take it one small win at a time.
All due respect to you Mass Psychosis.
Imagining what another election heist looks like motivates me to expose it. Not meant demoralize but rather act like the last monkey on the ramp.
Ketanji Brown is a fake Supreme Court Judge.
Understood, M.P. and I think the majorityof the house understands and is right there with ya.
Our side must quit playing nice, and be prepared to get our hands dirty, “whatever it takes” as we are fighting an eye gouging, crotch kneeing opponent, that doesn’t believe in rules.
On a dark anniversary, do not lose sight of the steady advance of progress and hope made by those who haven’t let go of the personal responsibility to share truth and pave the way for reforms.
Thank you for reading!
https://skeshel.substack.com/p/three-years-later-10-things-weve
“Ketanji Brown is a fake Supreme Court Judge”
Fake or real, she is at best illegitimate since she was appointed by an illegitimate president who is only in office due to a coup d’État, not as a result of a legitimately tabulated or legitimately certified election results.
IMO, she should be removed since she was only selected and installed because she was black. It was a racist appt.
Agreed !
The Dems better worry about MAGA packing the SCROTUS. Yeah, let’s put a few more MAGA judges on that bench. Two can play that game.
This raises an eyebrow, to be sure.
“Jack Smith could name anyone as a potential witness, just to silence the accused.”
Anyone on the planet and that’s about 8 billion people.
If it were to go
to the Supreme Court
– a lotta trash could be out out.
Got to get these cases out of the hands of Dem appointees.
The Appeals Court of DC is just as corrupt.
This is a time delaying, obfuscating attempt to keep it from the SC.
They’re either unsure of SC or delaying.
Either way, it gets to SC and goes negative for them, it affects most, if not all, cases down stream.
Don’t get to excited, yet!
I understand BK, Cautiously Optimistic.
President Trump will win “at the end of the day”, with God’s divine intervention.
Me thinks the fear they have in PDJT and his righteous followers be growing!
I know! It’s great isn’t it!!
Finally a real fighter doubled down and pleaded NOT guilty in his hearing today!
Thank you Harrison Floyd for standing strong and doing what is right!!!
They highjacked a Presidential Election and highjacked our State! On behalf of Georgia and all who are fighting…we love you, are so proud of you and have your six!
https://www.fox5atlanta.com/news/attorneys-for-georgia-election-interference-case-defendant-harrison-floyd-appear-in-court?taid=65453c387a29eb00018c0d3a&utm_campaign=trueanthem&utm_medium=trueanthem&utm_source=twitter
–GA Election Audit Updates
BRAVO!
It is about time some type of justice be thrown at this fricken circus that is being allowed.
Now his attorneys are gagged!
Never ends with these un-American crazies.
The appeals court in my opinion, is just going through the numbers to make it look like they’re being fair, but will in the end uphold what’s her face’s gag order…This is all just a sideshow.
I agree, Gary. The Appellate ‘team’ will likely modify the order, and/or send it back to the anti-Trump judge for revision ‘consistent with our opinion’, further stalling the proceedings. And it slows down potential Supreme Court review, and will reduce the worst aspects which the SC would review now.
The purpose of the DC Circuit, and the selection process of those appointed to it, IMHO, is to protect the ‘government’ located there in DC.
the point you made was the most relevant.
“If the appeals court had ruled to uphold the gag order, they would have opened the door for the U.S. Supreme Court to weigh in and potentially overturn the lower rulings. ——>>> Therefore, appeals court was most likely not willing to see their own credibility rest on the language of a motion written by Judge Chutkan.”
Overly broad would have killed it, and any first year law student could see it, as written.
So, why didn’t Smith just tighten it up and even release a list of witnesses?
Because he set it as just the trap others have said; either PDJT criticises someone, Smith names them as a witness and Chutkan sanctions PDJT or he is silenced, either way a “win” for Smith.
Instead of a “perjury trap” or an “obstruction trap” its a “witness tampering trap”.
This is just the very early stages, of round ONE, of a 15 Round, heavyweight championship bout, the equivalent of the boxers initial “feeling each other out” exchange of blows, all swings blocked and countered.
Settle down, we have a long way to go, and need to pace outrselves….
Read between the lines on Sundance’s ‘lines.’
If the appeals court voted for Chutkan’s BS legal reasons, they would expose themselves, for scrutiny, which which would validate all of Trump’s claims and defenses everywhere and point EVERYTHING AT DC.
WHICH WOULD FULLY EXPOSE THE DS/IC.
Three DC judges using their brains for something besides keeping their ears apart! I was starting to think they were all grand kids of the scarecrow in OZ…..
Even the corrupt federal appeal court in dc get it right on occasion. Especially if they’re concerned of being seen as judicial simpletons, by the Supreme Court on appeal.
“In the ruling, the appeals court will accept briefings and oral arguments prior to making their own ruling on the matter. That will make any advancement to the Supreme Court much less likely to succeed”
That is the purpose of the ruling. This is a subterfuge to allow Chutkan to proceed after a kangaroo review, then hamstring the Supreme Court review after Chutkan convicts Trump. Lawfare in action.
There is no way it doesn’t eventually go to SCOTUS.
Only possible way would be Appeals Court grants PDJT’s appeal, and Prosecution is toast.
So, no way PDJT does not ultimately win.
On ANY of the pending cases.
It’s a delay/ deflection.
I love it when the left gets a good whuppin.
TRUMP ZILLA!!!
Remember on Nov 7 a lot of local and state elections are taking place! Don’t be distracted, go vote! Local elections have the most repercussions to your immediate daily life! It all starts here and we need to start with extreme federalism! Please go vote!
A dirty wash rag is what’s needed to gag the judge.
I wouldn’t want to contaminate my dirty wash rag that way!
This is a good start. Unrelated. Situation update. Nuclear plant attack:
https://www.msn.com/en-us/news/world/car-crashes-through-gate-at-south-carolina-nuclear-plant-before-pop-up-barrier-stops-it/ar-AA1jku2o
All sorts of details left intentionally vague, in the story.
A win for the good guys.
On with the Donald!
The CCP has released their poll for the 2024 election.
Seriously, whoever took this one for the team at the expense of their professional reputation should commit ritual seppuku.
–forwarded by Seth Keshel
“D43/R27/I25,…and MAGA RESPONDENTS?,…-0-.
Hence, those 27 R respondents were all those who self-identify as R, but are NOT MAGA.
The gargagiest of garbage polls. Desperation!
ROFLOL!!! So stupid all I can do is laugh!
Do they believe ANYONE believes this?
most people got a experimental shot for the flu. Yeah, they will believe it.
Bubble polling.
My prediction is that it will not end well for Smith. He must know this. No doubt he is keeping a ”Bob Ritter”, get out of jail free card? He is doing someones bidding and will take everyone else down if he is made the fall guy. That or Hillary gets to him first.
Not disagreeing, but Smith can look at thectrack record, of those Gummint employees that have gone after “Trump” (McCabe, Comey, Stroxz, etc.) and believe the Deep State will protect him.
They will be shocked when they lose that protection,..
And from my perspective, it will be sweet. Not so much for them.
Good observation and no sh*t. Kind of feel sorry for Jack Smith (if indeed that is his real name), and any of those working on his “team.” Trump’s lawyers are causing so many migraines and ahem, other problems only because they know the LAW and the rights of a US citizen. And the FEDS don’t. Twisted it is.
As indicated it appears the DC Court is playing CYA.
Do not cheer.
Remember Emit Sullivan.
You have been warned.
My greatest comfort is God’s shield, and the vigilance of his security team? The dems have to stop him to succeed in their quest. I pray daily for this man. Join Me Please
I join with you in praying daily for the safety of PDJT and his family, and that he and they will be delivered from evil.
However, knowing that God has allowed humans’ free will to engender horrific atrocities and gross injustices worldwide since the beginning of history, uncertainty regarding fulfillment of our prayerful requests is assured.
The accused has an absolute natural-law right to defend himself against those who mean to take away his freedom. That includes being able to defend himself against the accusations of the prosecutor. It also includes being able to defend himself against being railroaded by a biased judge.
Seriously? You think they follow the natural law? If they did, VSGPDJT, and we, wouldn’t be dealing with these cretins. My apologies to any and all cretins out there!
Mark your calendar: oral arguments on November 20.
I’ll take ANY win for President Trump!
Hmmmmmm Could it have been Holder’s comment that set that particular group of people into a cease fire?
What you gonna do now, Simianbitch?
FJS + FJB, just saying.
Malicious prosecution.
Costs.
Can this decision be successfully sited in the lawfare cases against Trump that also have, of may have, a gag order.?
noting: at each of these distinct attacks on President Trump, a certain reminder bell rings:
the corrupt deep state is attempting to violate law, rules, procedures, and moral and ethic practices.
Can anyone understand what is going on ..can you see it?
the corruptors are being drawn to commit to their insolence…we get to see them for who they are…no veneer..
this is not just a legal battle.
it’s a spiritual battle.
do either chose good..or to do evil.
we see them.
will show no mercy.
God Bless America