Court Rejects Trump Challenge to Gag Order

Donald Trump, courtroom

A New York appeals court rejected President Donald Trump’s bid Thursday to toss the gag order imposed on him in his New York civil fraud trial, along with the fines imposed for violations.

The court found that Trump had not used the right legal method to challenge the order imposed in October by Judge Arthur Engoron. Trump’s lawyers asked the court in November to vacate the gag order using a provision of the law to sue Engoron directly, which the court found was an “extraordinary remedy” not appropriate when the “potential harm is small,” according to ABC News.

Read the full story

Trump Files Intent to Appeal Reinstated Gag Order

Former President Donald Trump is seeking to appeal a decision reinstating a gag order that was put in place to prevent him from discussing members of the judge’s staff during his civil fraud trial, according to court documents.

The order, which prohibits Trump from publicly commenting about members of Judge Arthur Engoron’s staff, was temporarily lifted on Nov. 16 after the court raised concerns about free speech, but a New York Appeals court reinstated the gag order on Nov. 30. The motion was filed with the New York Appellate Division, First Judicial Department, the state’s highest court, according to court documents.

Read the full story

Appeals Court Reinstates Trump Gag Order

Donald Trump Courtroom

A New York appeals court reinstated Thursday the gag order imposed on former President Donald Trump by the judge overseeing his civil fraud trial.

Trump asked the appeals court earlier this month to vacate Judge Arthur Engoron’s order, which blocks him from speaking publicly about members of Engoron’s staff, along with the $5,000 and $10,000 fines imposed on him for violations. Associate Justice David Friedman temporarily paused the order on Nov. 16.

Read the full story

Federal Appeals Court Temporarily Pauses Trump Gag Order

A federal appeals court temporarily paused the gag order against former President Donald Trump in his 2020 election case on Friday.

The Court of Appeals for the District of Columbia temporarily paused the order issued Oct. 17 by District Judge Tanya Chutkan to allow time to consider Trump’s request for a longer freeze on its enforcement pending appeal. The court ordered Trump’s appeal to be expedited, requesting briefing from Trump’s legal team by Nov. 8 and scheduling oral arguments for Nov. 20.

Read the full story

‘It Will Not Stand’: Trump Says He Will Appeal After Judge Reimposes Gag Order In Overnight Decision

Former President Donald Trump promised to appeal a gag order reimposed on him Sunday night by the judge overseeing his 2020 election case.

U.S. District Court Judge Tanya Chutkan, an Obama appointee, reimposed a gag order that prevents Trump from making public statements “targeting” Special Counsel Jack Smith or his staff, the defense counsel or their staff, court staff and witnesses after temporarily suspending it. Trump said Monday morning that the order “will not stand” and promised to appeal.

Read the full story

ACLU Declares Trump Gag Order to Be Unconstitutional

On Wednesday, the far-left American Civil Liberties Union (ACLU) made a surprising statement condemning a federal judge’s attempted gag order on former President Donald Trump.

As Politico reports, the ACLU’s statement came as a shock to many who support the group, as it had been one of Trump’s primary enemies during his presidency, frequently suing his administration to block many of his policies. But in a new friend-of-the-court brief, the ACLU agreed with Trump’s assertion that a gag order by U.S. District Judge Tanya Chutkan is a violation of his First Amendment rights to freedom of speech, as well as a violation of the public’s right to hear him speak.

Read the full story

Commentary: Gag Order Against Trump Is the Real Threat to Democracy

The reason you have not heard of a gag order on par with the one imposed on former President Trump is that it is highly unusual. Normally, in a criminal proceeding, there are no gag orders. To the extent they exist, they typically only bind the lawyers, who are admonished to adhere to the rules of professional conduct. Rarely—as in almost never—are criminal defendants forced into a gag order on such spurious grounds as they might “vilify and implicitly encourage violence against public servants who are simply doing their jobs.”

Read the full story

D.C. Judge Pauses Trump Gag Order in January 6 Case

U.S. District Judge Tanya Chutkan on Friday agreed to temporarily pause a gag order she imposed on former President Donald Trump while he appeals the decision.

Chutkan on Monday issued the order, prohibiting him from publicly attacking the court staff, the prosecution, and any potential witnesses. The judge is overseeing special counsel Jack Smith’s Jan. 6 case against the former president. Trump has vocally accused Smith of pursuing a political witch hunt against him to derail his 2024 White House bid.

Read the full story

Commentary: DOJ Gag Order on Trump’s Political Speech Threatens All Candidates for Public Office

“A TERRIBLE THING HAPPENED TO DEMOCRACY TODAY – GAG ORDER!”

That was former President Donald Trump on Truth Social on Oct. 16 following a gag order by U.S. District Judge Tanya Chukan forbidding him from criticizing Special Counsel Jack Smith in the Justice Department’s criminal case against Trump over allegations he somehow committed election fraud by challenging the results of the 2020 election.

Read the full story

Obama-Appointed Judge Partially Grants Biden DOJ’s Proposed Gag Order On Trump

A federal judge limited the scope of the Department of Justice’s (DOJ) proposed gag order for former President Donald Trump after raising concerns during a hearing Monday.

United States District Judge Tanya S. Chutkan, an Obama appointee, granted the requested order in part, restricting statements about Special Counsel Jack Smith, his staff and court personnel while permitting Trump to make statements about the Biden administration and DOJ, according to reports. Special Counsel Jack Smith’s office requested an order last month that would restrict Trump from making “disparaging and inflammatory, or intimidating” statements about any “party, witness, attorney, court personnel, or potential jurors.”

Read the full story

Jack Smith’s Proposed Gag Order Against Trump Isn’t as Narrow’ as Claimed, Legal Experts Say

Special Counsel Jack Smith’s office’s requested gag order against former President Donald Trump is not quite as “narrowly tailored” as he claimed, legal experts told the Daily Caller News Foundation.

Prosecutors asked U.S. District Judge Tanya Chutkan on Sept. 15 to issue a “narrowly tailored” gag order barring Trump from making public statements that are “disparaging and inflammatory, or intimidating” toward any “party, witness, attorney, court personnel, or potential jurors,” as well as any statements “regarding the identity, testimony, or credibility of prospective witnesses.” The scope and circumstances surrounding the request — which a hearing scheduled for Monday will consider — are far outside what is normal in criminal trials, experts told the DCNF.

Read the full story

Jack Smith Wants a Gag Order Against Donald Trump in January 6 Case

Special counsel Jack Smith has asked a judge to issue a gag order to former President Donald Trump in his Jan. 6 case to prevent him from publicly attacking major figures in the case.

“The defendant’s past conduct, including conduct that has taken place after and as a direct result of the indictment in this case, amply demonstrates the need for this order,” reads a filing from prosecutors that Politico obtained.

Read the full story

City Council President Requests Transparency for Flint’s Legal Fees

Kate Fields of Flint, Michigan, City Council

The president of the Flint City Council is asking a court to help her recoup the legal fees she incurred in a lawsuit she won against the city earlier this week. She is also challenging the city to disclose how much money it will spend defending itself from legal actions she initiated after the council imposed a gag order on her.

The Flint City Council voted 5-2 to censure President Kate Fields on Sept. 28. The resolution banned her from leading council meetings and openly speaking for 30 days, but still allowed her to vote. Fields is campaigning for reelection for Flint’s 4th Ward in next Tuesday’s election.

The resolution stemmed from an incident earlier this year, when Fields ordered the removal of 1st Ward Council member Eric Mays from a virtual meeting for disruptive behavior and denied him an opportunity to appeal her decision. Mays has a reputation for behavior deemed inappropriate, including a March 2020 incident during which he was removed from a City Council meeting in handcuffs and subsequently banned from council meetings for 30 days. 

Read the full story

Marine Who Publicly Criticized the U.S. Afghanistan Withdrawal will be Released from the Brig

The U.S. Marine who posted public criticism on social media of the U.S. withdrawal from Afghanistan will be released from the brig Tuesday pending a trial by court martial, Capt. Sam Stephenson, Training and Education Command spokesperson confirmed to the Daily Caller News Foundation.

“Lt. Col. Stuart Scheller Jr. is being released from confinement today, Oct. 5, 2021, as a result of a mutual agreement between Lt. Col. Scheller, his Defense counsel, and the Commanding General, Training Command,” Stephenson said in a statement. “No additional details regarding the agreement may be released at this time.”

Read the full story

Drug Companies Seek Gag Order Against Republican Gov.-Elect Mike DeWine for Speaking Out on Opioid Crisis

Friday, lawyers representing some of the nation’s largest drug manufacturers began an attempt to sanction and silence Governor-elect Mike DeWine, stemming from his involvement in a lawsuit he initiated as Ohio Attorney General. The motion, filed by an amalgamation Big Pharma attorneys, accuse DeWine, along with lawyers Mike Moore and Burton LeBlanc of engaging in “a concerted campaign to taint potential jury polls in this district-and across the country-through misleading, inflammatory, and improper public statements.” According to the motion, the attempt came as a direct result of an explosive 60 Minutes episode that aired on December 16th featuring attorney Moore. The program detailed the massive lawsuit DeWitt and others are pursuing against the opioid industry. The 13-minute segment that aired on CBS focused primarily on Moore’s association with the case. The veteran lawyer was directly involved in two of the largest legal settlements in history. On May 1994, while serving as Attorney General of Mississippi, the Magnolia state became the first state to officially file suit against the tobacco industry. Forty-six other states eventually joined the suit. The Tobacco Master Settlement was agreed to in November 1998. Among many concessions, the tobacco industry would be required to pay over $200 billion dollars to the states…

Read the full story

Promise Kept: Trump Signs Law That Ends Gag Orders Against Pharmacists Sharing Money-Saving Information

by Evie Fordham   President Donald Trump signed a law that ends insurance companies’ pharmacist gag clauses in an effort to lower drug prices Wednesday. “If there’s anything bipartisan it’s lowering drug prices,” Trump said while signing the Patients’ Right To Know Drug Prices Act according to CBS News. Currently, insurers and pharmacy benefit managers use the gag clauses to “forbid pharmacists from proactively telling consumers if their prescription would cost less if they paid for it out-of-pocket rather than using their insurance plan,” according to a press release from Maine Republican Sen. Susan Collins, the bill’s sponsor. Trump also signed Democratic Michigan Sen. Debbie Stabenow’s Know the Lowest Price Act, which “prohibits Medicare drug plans from putting a gag clause on a pharmacy in their contracts,” according to CNN. The Patients’ Right To Know Drug Prices Act would lead to “a slight decrease in federal revenues,” according to the Congressional Budget Office. That decrease could be offset by another provision in the bill, reported Politico. Collins’s bill also targets “pay-for-delay,” a tactic where a brand drug company pays a generic manufacturer to withhold a product that would compete with the brand drug for market share. Closing this loophole could save consumers and taxpayers money, according…

Read the full story

Trump Gets Behind Senate Bill That Would End Gag Orders Against Pharmacists Sharing Money-Saving Information

by Evie Fordham   President Donald Trump got behind a bill ending pharmacist gag clauses the Senate is set to vote on Monday afternoon. “Americans deserve to know the lowest drug price at their pharmacy, but ‘gag clauses’ prevent your pharmacist from telling you!” Trump tweeted Monday afternoon about the Patient Right to Know Drug Prices Act. “I support legislation that will remove gag clauses and urge the Senate to act.” Americans deserve to know the lowest drug price at their pharmacy, but “gag clauses” prevent your pharmacist from telling you! I support legislation that will remove gag clauses and urge the Senate to act. #AmericanPatientsFirst — Donald J. Trump (@realDonaldTrump) September 17, 2018 He accompanied the message with the hashtag “#AmericanPatientsFirst.” Currently, insurers and pharmacy benefit managers use the gag clauses to “forbid pharmacists from proactively telling consumers if their prescription would cost less if they paid for it out-of-pocket rather than using their insurance plan,” according to a press release from Maine Republican Sen. Susan Collins, one of the bill’s authors. The bill would lead to “a slight decrease in federal revenues,” according to the Congressional Budget Office, but that could be offset by another provision in the bill, reported Politico. Collins’s bill also targets…

Read the full story