The Daily Fuckup

The D.C. Circuit on November 3, 2023, entered an administrative stay that paused the gag order in Donald Trump’s federal election-interference case in Washington while it considered his emergency request for a stay pending appeal. The panel said the district court’s October 17 order would be stayed pending further order of the court, and it made clear the pause was not a ruling on the merits. The court also expedited the appeal and set oral argument for November 20, 2023.

The order being paused came from U.S. District Judge Tanya Chutkan. Her directive barred Trump and other parties from making public statements targeting prosecutors, court staff, defense counsel, or reasonably foreseeable witnesses, but it did not bar him from saying he believed he was innocent or arguing that the prosecution was politically motivated. Prosecutors had asked Chutkan to reimpose the restriction after Trump made social media comments about his former chief of staff, Mark Meadows.

The appeals court’s move did not settle the fight over Trump’s speech. It only put the restriction on hold while the judges took up the appeal on an expedited schedule. The underlying question — how far the gag order could go without crossing the line — was left for later review.