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Federal appeals court mostly upholds Trump’s gag order in 2020 election subversion case – live

A federal appeals court has upheld most of a gag order against Donald Trump imposed by the judge handling his trial on charges related to attempting the overthrow of the 2020 election.

Washington DC-based judge Tanya Chutkan imposed the order in October that prevented the former president from making inflammatory statements and social media posts attacking prosecutors, potential witnesses and court staff in the case. Trump appealed the order, arguing it unconstitutionally infringed on his first amendment rights and hindered his political speech amid his campaign for a second term in the White House.

The order was put on hold as appeals judges considered his challenge. In its ruling, the court generally upheld Chutkan’s order, but said Trump was now also allowed to assail the special counsel Jack Smith, who brought the criminal case against the former president.

A federal appeals court upheld most of the gag order judge Tanya Chutkan imposed on Donald Trump following incendiary comments he made about people involved in his trial on charges related to overturning the 2020 election. The former president is barred from attacking court staff, prosecutorial staff and potential trial witnesses, but the appeals judges did allow him to criticize Chutkan, the justice department, the Biden administration and the case itself as politically motivated. Elsewhere, Hunter Biden’s legal trouble deepened after prosecutors filed new tax charges against him, and in an interview with the musician Moby, the president’s son said the GOP is “trying to kill me” to undermine Joe Biden’s presidency.

Here’s what else happened today:

  • Hunter Biden’s attorney said the latest charges against his client were the result of “Republican pressure”.

  • Trump’s campaign discouraged speculation over who might be hired to staff his administration, if he wins next year’s presidential election.

  • The rightwing House Freedom Caucus demanded Congress approve hardline immigration policies that Democrats oppose in exchange for more Ukraine aid.

  • Joe Biden’s approval ratings have hit a record low, poll aggregator FiveThirtyEight reports.

  • A protest against a Philadelphia Jewish restaurant by demonstrators calling for a ceasefire in the Gaza Strip was more complicated than it initially appeared.

The Trump campaign has also released a statement regarding speculation in the media over who might staff his administration, assuming he wins next year’s election.

“Let us be very specific here: unless a message is coming directly from President Trump or an authorized member of his campaign team, no aspect of future presidential staffing or policy announcements should be deemed official,” write Trump aides Susie Wiles and Chris LaCivita.

“Let us be even more specific, and blunt: People publicly discussing potential administration jobs for themselves or their friends are, in fact, hurting President Trump … and themselves. These are an unwelcomed distraction. Second term policy priorities and staffing decisions will not – in no uncertain terms – be led by anonymous or thinly sourced speculation in mainstream media news stories.”

For more on the speculation surrounding Trump’s staff in his second term, here’s the Guardian’s Peter Stone:

Steven Cheung, a spokesman for Donald Trump, has released a statement that attempts to reframe today’s federal appeals court decision upholding the gag order against the former president:

Today, the D.C. Circuit Court panel, with each judge appointed by a Democrat President, determined that a huge part of Judge Chutkan’s extraordinarily overbroad gag order was unconstitutional. President Trump will continue to fight for the First Amendment rights of tens of millions of Americans to hear from the leading Presidential candidate at the height of his campaign. The Biden-led witch hunts against President Trump and the American people will fail.

While the court did strike down parts of the order, it upheld the aspects banning Trump from attacking the prosecutors, witnesses and court staff.

In their ruling upholding most of federal judge Tanya Chutkan’s gag order against Donald Trump, the US court of appeals for the district of Columbia circuit found his statements could threaten his trial on charges related to trying to overturn the 2020 election.

“We agree with the district court that some aspects of Mr. Trump’s public statements pose a significant and imminent threat to the fair and orderly adjudication of the ongoing criminal proceeding, warranting a speech-constraining protective order,” judge Patricia A Millett wrote for the court.

Among the statements cited was one Trump posted on social media the day after his initial appearance in the case: “IF YOU GO AFTER ME, I’M COMING AFTER YOU!” The appeals court also noted that he attacked Chutkan as a “fraud dressed up as a judge” and “a radical Obama hack”, and that a supporter responded with a threat to kill the judge that used what appears to be a racial slur.

“We do not allow such an order lightly,” federal appeals court judge Patricia A Millett wrote as she concluded the court’s decision allowing the gag order against Donald Trump.

She continued:

Mr. Trump is a former President and current candidate for the presidency, and there is a strong public interest in what he has to say. But Mr. Trump is also an indicted criminal defendant, and he must stand trial in a courtroom under the same procedures that govern all other criminal defendants. That is what the rule of law means.

As the Guardian’s Hugo Lowell reported last month, an appeals court appeared inclined to uphold judge Tanya Chutkan’s gag order against Donald Trump, and indeed they have:

A federal appeals court appeared inclined at a hearing on Monday to keep some form of a gag order against Donald Trump preventing him from assailing potential trial witnesses and others in the criminal case related to his efforts to overturn the results of the 2020 election.

The court expressed concern, however, that the order was too broad and left open the possibility of restricting its scope – including allowing the former US president to criticize the prosecutors in the office of the special counsel Jack Smith who brought the charges.

The trial judge Tanya Chutkan, who is overseeing the case in federal district court in Washington, entered the order in October that prohibited Trump from making inflammatory statements and social media posts attacking prosecutors, potential witnesses and court staff in the case.

It allowed Trump only to criticize the case in general terms – such as broadly attacking Joe Biden, the Biden administration or the justice department as bringing politically motivated charges against him – and to criticize the judge herself.

Trump appealed to the US court of appeals for the DC circuit, arguing the order unconstitutionally infringed on his first amendment rights and protected core political speech as he campaigns to be re-elected to the presidency next year. The order was paused while he appealed.

A federal appeals court has upheld most of a gag order against Donald Trump imposed by the judge handling his trial on charges related to attempting the overthrow of the 2020 election.

Washington DC-based judge Tanya Chutkan imposed the order in October that prevented the former president from making inflammatory statements and social media posts attacking prosecutors, potential witnesses and court staff in the case. Trump appealed the order, arguing it unconstitutionally infringed on his first amendment rights and hindered his political speech amid his campaign for a second term in the White House.

The order was put on hold as appeals judges considered his challenge. In its ruling, the court generally upheld Chutkan’s order, but said Trump was now also allowed to assail the special counsel Jack Smith, who brought the criminal case against the former president.

Here’s the moment from Hunter Biden’s interview with Moby where he says Republicans are trying to “kill me” to bring down his father’s presidency:

Earlier this week, Democratic and Republican politicians from the White House on down condemned the targeting of a Philadelphia Jewish restaurant by protesters calling for a ceasefire in the Gaza Strip as antisemitic. But the Guardian’s Wilfred Chan reports that the story is more complex than that:

The 21-second clip went viral almost as soon as it was posted early on Sunday evening. It showed hundreds of protesters, some with Palestinian flags, united in a rhyming chant: “Goldie, Goldie, you can’t hide, we charge you with genocide!”

They were protesting outside Goldie, a vegan falafel restaurant owned by Michael Solomonov, the Israel-born celebrity chef best known for Zahav, an Israeli-themed restaurant widely considered one of the United States’ finest eateries. It was one brief stop along a march traversing Philadelphia that lasted about three hours.

Many of the protesters hadn’t even returned home from the march when the condemnations began to pour in. The Pennsylvania governor, Josh Shapiro, a Democrat, posted on X: “Tonight in Philly, we saw a blatant act of antisemitism – not a peaceful protest. A restaurant was targeted and mobbed because its owner is Jewish and Israeli. This hate and bigotry is reminiscent of a dark time in history.”

Even the White House piled on: it was “antisemitic and completely unjustifiable to target restaurants that serve Israeli food over disagreements with Israeli policy”, said the deputy press secretary, Andrew Bates. Douglas Emhoff, husband of Vice-President Kamala Harris, wrote on X that he had spoken with Solomonov and “told him @POTUS, @VP, and the entire Biden-Harris Administration will continue to have his back”.

It was the apex of a saga that has resulted in at least three workers fired from Solomonov’s restaurants over, as they see it, their pro-Palestine activism coming into conflict with their bosses’ views and policies, and at least one other worker who has resigned in protest – thrusting the renowned Israeli eateries into the thick of bitter US disagreements over the Israel-Hamas war.

The street protest against Goldie has sparked heated debate. As the war on Gaza rages on, with over 17,000 people killed in Gaza since 7 October – 70% of them women and children, according to Gaza’s health ministry – are Israel-linked businesses in the US implicated? Was Solomonov, a chef who has credited Palestinian influences in his cooking, an appropriate target?

The 2024 election is months away, but Donald Trump and his allies are already planning on who they might hire for White House jobs, assuming he wins. The Guardian’s Peter Stone takes a look at what we know so far about Trump’s hiring plans:

As Donald Trump and his allies start plotting another presidency, an emerging priority is to find hard-right lawyers who display total fealty to Trump, as a way to enhance his power and seek “retribution” against political foes.

Stocking a future administration with more ideological lawyers loyal to Trump in key posts at the justice department, other agencies and the White House is alarming to former DoJ officials and analysts who say such plans endanger the rule of law.

Trump’s former senior adviser Stephen Miller, president of the Maga-allied legal group America First Legal, is playing a key role in seeking lawyers fully in sync with Trump’s radical agenda to expand his power and curb some major agencies. His search is for those with unswerving loyalty to Trump, who could back Trump’s increasingly authoritarian talk about plans to “weaponize” the DoJ against critics, including some he has labeled as “vermin”.

Miller is well known in Maga circles for his loyalty to Trump and the hard-line anti-immigration policies he helped craft for Trump’s presidency. Notably, Trump has vowed to make those policies even more draconian if he is the GOP nominee and wins again.

Such an advisory role for Miller squares with Trump’s desire for a tougher brand of lawyer who will not try to obstruct him, as some top administration lawyers did in late 2020 over his false claims about election fraud.

As Joe Biden centers his presidential campaign around major pieces of legislation enacted on his watch, like the bipartisan infrastructure act, Reuters reports Donald Trump and the GOP are expected to make channeling public funds to private and religious schools a key part of their pitch to voters:

Beyond the tumult surrounding Donald Trump’s presidential bid and his threats to seek revenge against his political enemies should he win, the Republican frontrunner has seized on an issue that even some Democrats say could attract new voters in 2024.

Trump is backing “school choice” programs that use taxpayer dollars to send students to private and religious schools. It is a stance with wide appeal as parents have become increasingly fed up with the state of US public education.

Polls show that about 70% of parents favor greater education options. The issue resonates strongly enough with some voters that Trump’s support could make a difference in the presidential election as well as help Republicans in state and congressional races.

“It’s popular among the Republican base, it’s popular among independents and even popular among the Democratic base – in particular African Americans and Hispanics,” said Jason Bedrick, a research fellow at the conservative Heritage Foundation.

Hunter Biden’s legal trouble deepened after prosecutors filed new tax charges against him. In an interview with the musician Moby, the president’s son said the GOP is “trying to kill me” to undermine Joe Biden’s presidency, while James Comer, the Republican chair of the House oversight committee, claimed his panel’s work led to the new charges. The president, meanwhile, had nothing to say about the latest developments in the prosecution, instead cheering better-than-expected employment data and announcing new investments in high-speed rail.

Here’s what else is going on:

  • Hunter Biden’s attorney said the latest charges against his client were the result of “Republican pressure”.

  • The rightwing House Freedom Caucus demanded Congress approve hardline immigration policies that Democrats oppose in exchange for more Ukraine aid.

  • Joe Biden’s approval ratings have hit a record low, poll aggregator FiveThirtyEight reports.

The infrastructure act was passed in 2021 with a combination of Democratic and Republican votes, during a period when Congress was a much more functional place than it is today.

Things sure have changed, particularly after the GOP took control of the House in last year’s midterm elections. The Republicans made clear they would not go along with the Biden administration’s plans, and though they have spent a substantial time fighting amongst themselves, they are currently fairly united in opposing an attempt by Joe Biden to win approval of a security package for Israel and Ukraine’s military, and the southern border with Mexico.

The GOP instead wants Democrats to agree to enact hardline policies that they oppose, like restarting construction of Donald Trump’s border wall, and measures to keep asylum seekers out of the country. There is enough agreement among both parties over the importance of getting aid to Israel and Ukraine that they are still talking about a compromise, but the rightwing House Freedom Caucus just issued a statement saying, in part, that they will not support any bill that does not include the hardline immigration policies:

If any compromise passes the House, there’s a good chance it will do so with some Democratic votes, and the Freedom Caucus’s opposition may not matter. Perhaps the person who should be most concerned about their statement is speaker Mike Johnson, considering several of the caucus’s members led the charge to remove his predecessor, Kevin McCarthy, from the leadership post over his willingness to work with Democrats.

Joe Biden’s trip to Las Vegas today will see him specifically focus on how the 2021 infrastructure law will revamp railway and build new high-speed lines between major metropolitan areas.

High-speed rail has long been an elusive goal for transportation planners in the United States, which, unlike many of its peers among developed countries, has only one line that falls under that classification: Amtrak’s Acela service running between Washington DC and Boston.

The White House today announced $8.2b in funding from the infrastructure law will go towards high-speed rail development, including new projects connecting California and Nevada. Here’s more from the Biden administration’s press release:

Today, the Biden-Harris Administration is announcing $8.2 billion in new funding for 10 major passenger rail projects across the country, including the first world-class high-speed rail projects in our country’s history. Key selected projects include: building a new high-speed rail system between California and Nevada, which will serve more than 11 million passengers annually; creating a high-speed rail line through California’s Central Valley to ultimately link Los Angeles and San Francisco, supporting travel with speeds up to 220 mph; delivering significant upgrades to frequently-traveled rail corridors in Virginia, North Carolina, and the District of Columbia; and upgrading and expanding capacity at Chicago Union Station in Illinois, one of the nation’s busiest rail hubs. These historic projects will create tens of thousands of good-paying, union jobs, unlock economic opportunity for communities across the country, and open up safe, comfortable, and climate-friendly travel options to get people to their destinations in a fraction of the time it takes to drive.


Source: US Politics - theguardian.com


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