Appeals court denies Trump request to revisit lifting gag order in election interference case

The United States Court of Appeals for the District of Columbia Circuit denies a request by former President Donald Trump to lift or revisit a gag order put in place by Judge Tanya Chutkan in the federal election interference case designed to prevent him from commenting about witnesses and courtroom staff in the case. Here are the latest legal developments for the former president hoping to be reelected to the White House in 2024.

Jan. 6 election interference

Appeals court rejects Trump request to consider lifting gag order

Key players: U.S. Court of Appeals for the D.C. Circuit, Judge , special counsel , United States Supreme Court

  • On Tuesday, the court denied a request by Trump’s lawyers to rehear arguments on whether to lift a gag order put in place by Chutkan aimed at preventing Trump from disparaging witnesses and courtroom staff in the federal election interference case against him, .

  • None of the 11 justices on the appeals court requested a vote on the issue of re-examining the gag order. That means that the Supreme Court is Trump’s only remaining venue to challenge the gag order.

  • In December, .

  • Trump is not prevented from criticizing Smith, the lower appeals court ruled.

  • The election interference case brought by Smith is on hold until the Supreme Court issues a ruling on whether presidential immunity protects Trump from prosecution stemming from his efforts to overturn the results of the 2020 election.

Why it matters: As with the question of presidential immunity, the Supreme Court could now be the final lifeline for Trump in terms of his ability to defy Chutkan’s attempts to keep Trump from attacking those who appear in her courtroom.

E. Jean Carroll defamation lawsuit

COVID fears push back Trump testimony until Wednesday

Key players: Judge , Trump lawyer , columnist E. Jean Carroll

  • Trump is expected to take the witness stand on Wednesday in the second civil defamation trial brought by Carroll after Kaplan delayed the proceedings due to the illness of a juror, .

  • On Monday, the juror was tested for COVID-19, and Habba also indicated that she had been exposed to the virus.

  • Habba asked Kaplan to postpone the proceedings until Wednesday so that Trump could travel to New Hampshire, which is holding its presidential primary on Tuesday.

  • The trial is expected to wrap up this week.

Why it matters: It remains unclear whether Trump, who continues to defame Carroll, will take the witness stand in his own defense. His persistent attacks on her character and his denial that he never sexually assaulted her even though a separate jury concluded that he did, could prove costly.

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