A three-judge panel Monday morning will weigh former President Trump’s bid to halt the gag order issue in his federal 2020 election subversion case.
The gag order — on hold until the D.C. Circuit Court of Appeals issues its ruling — prevents Trump and his lawyers from using language targeting special counsel Jack Smith and his staff, court staff and witnesses in the case.
Prosecutors cited Trump’s social media posts attacking individuals involved in his case in requesting the gag order, but the former president contends it violates his free speech rights under the First Amendment, emphasizing his status as a presidential candidate.
The panel comprises three judges appointed by Democratic presidents: Patricia Millett and Cornelia Pillard, both Obama appointees, and Brad Garcia, a Biden appointee.
If Trump loses, he has vowed to ask the Supreme Court to intervene.
The oral argument is scheduled to begin at 9:30 a.m. EST.
Listen to the live audio above.