A gag order against former President Donald Trump in a federal election interference case is being weighed by a three-judge panel after they heard arguments in a federal appeals court in Washington, D.C., on Monday.
During the two-and-a-half hours of arguments, the appeals court judges appeared skeptical of both sides on whether to reinstate an order from a trial judge that prevented Trump from making inflammatory comments against prosecutors, potential witnesses and court staff.
Cecil VanDevender, a lawyer with Special Counsel Jack Smith’s office, argued that a gag order is necessary to prevent intimidation and threats against participants in the case where Trump is accused of scheming to overturn the 2020 election.
Meanwhile, Trump lawyer John Sauer urged the court to revoke the order.
The court did not immediately rule, but the outcome of Monday’s arguments will set parameters on what Trump, as both a criminal defendant and the leading candidate for the 2024 Republican presidential nomination, can and cannot say as the trial date nears.
The judges hearing the case include Cornelia Pillard and Patricia Millett,