A federal appeals court has now reportedly put a hold on the gag order in former President Donald Trump’s case in Washington, D.C., regarding his purported attempts to rig the 2020 election.
In addition to establishing an accelerated appeal timeline, the U.S. Court of Appeals for the District of Columbia Circuit granted a stay on the gag order while an appeal was underway.
The delay is merely an administrative stay while the court considers the pros and cons of the gag order and determines whether to uphold or invalidate it.
After being put on hold during an earlier appeal in response to its first imposition on October 17, the gag order was reinstated on October 29.
The Justice Department’s brief in support of the gag order is due by 5 p.m. on November 14, and Trump’s attorneys must respond by noon on November 17.
The first brief from Trump’s attorneys opposing the gag order is due by 5 p.m. on November 8. The order states that the appeal’s oral argument will take place on November 20 at 9:30 a.m.
A panel of three judges on the District of Columbia Circuit, all of whom were chosen by Democratic presidents, will decide the appeal. Bradley Garcia, nominated by President Joe Biden, and Patricia Millett and Cornelia Pillard, nominated by President Barack Obama, are the three judges.
The gag order was requested by federal prosecutors under the leadership of special counsel Jack Smith, some months after the former president was charged with four counts by a grand jury in Washington, D.C., in August.