The Daily Fuckup

Donald Trump’s fight over the protective order in his federal election-interference case was still pending on Nov. 21, 2023, one day after the D.C. Circuit heard oral argument. The appellate court had put the district court’s order on hold temporarily on Nov. 3, but that was a pause, not a final decision. As of this edition date, the court had not yet ruled on the merits of the appeal. ([cadc.uscourts.gov](https://www.cadc.uscourts.gov/news/public-advisory-%E2%80%93-november-20-2023-oral-arguments-no-23-3190-united-states-america-v-donald-j))

The dispute centered on a narrow set of restrictions, not a blanket ban on speech. The district court’s order limited public statements aimed at prosecutors, court staff, and foreseeable witnesses in the case. In its later opinion, the D.C. Circuit said the order had been written to protect the fair and orderly administration of justice while still leaving room for Trump to criticize the government, the prosecution, and the charges against him. ([media.cadc.uscourts.gov](https://media.cadc.uscourts.gov/opinions/docs/2023/12/23-3190-2032665.pdf))

That distinction mattered at the hearing. Trump’s lawyers argued that the order crossed a First Amendment line, while prosecutors pointed to Trump’s own public attacks on people involved in the case. The appellate panel’s eventual opinion would say the district court had some basis to impose speech limits, but that the order went too far in some places and had to be narrowed. On Nov. 21, though, that was still the fight: whether the restrictions were properly tailored, not whether they were already gone. ([media.cadc.uscourts.gov](https://media.cadc.uscourts.gov/opinions/docs/2023/12/23-3190-2032665.pdf))

The temporary stay gave Trump time while the appeal moved forward, but it did not settle the issue. The case was still in its appellate posture, with the judges having only heard argument the day before. The next step would be a ruling on whether the order stood, was narrowed, or fell in part. ([cadc.uscourts.gov](https://www.cadc.uscourts.gov/news/public-advisory-%E2%80%93-november-20-2023-oral-arguments-no-23-3190-united-states-america-v-donald-j))