Donald Trump successfully postponed testifying in the E. Jean Carroll case until after the New Hampshire primary due to a conveniently ill juror. However, Trump saw less success in the D.C. Circuit court, where he sought a review of a gag order originally issued in an election interference prosecution.
In that order, Judge Tanya Chutkan prohibited Trump from making public statements that could potentially “target” the Special Counsel, his staff, court staff, or any witnesses involved in the case. Despite amicus briefs supporting Trump’s appeal from organizations such as the Christian Family Coalition, the America First Legal Foundation, and certain Attorneys General, the original gag order maintained its stance, with some minor changes.
After a turbulent hearing in November, Judges Millet, Pillard, and Garcia condensed the order, permitting Trump to personally criticize Special Counsel Jack Smith and provided some clarity on the term “target”. Thus, the argument put forth by Trump that he could potentially endanger court staff and witnesses because he is a presidential candidate was rejected.
The saga continues, however, as Trump has pursued an en banc review. It seems that this endeavor was unsuccessful as well, with the court dismissing the request summarily. This dismissal came to pass without any appeal from Trump’s own appointees, Judges Katsas, Rao, and Walker, indicating that they may be waiting for Trump’s immunity appeal to run its course.
In the interim, it seems inevitable that Trump will appeal the gag order to the Supreme Court in an attempt to gain another administrative stay. This would, in turn, provide him the opportunity to threaten Mark Meadows once more.
For more detailed information on the gag order, see the US v. Trump – Circuit Docket and the US v. Trump – District Docket.