Trump Victory - Appeals Court Decision Has DC Judge Reeling

Hey ladies and gentlemen this is Carmine Sabia for Explain America and former

President Donald Trump just got a massive massive victory in court that

has sent the Washington DC judge in his federal trial reeling. Before we get

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So Judge Tanya Chutkin put a gag order against Donald Trump. Then she put the

gag order on stay. Then she reinstated the gag order. So it's like a gag order

rollercoaster for Trump infringing on his First Amendment rights in the eyes

of many people right. Well finally Trump's attorneys brought this to the

appeals courts and well let's take a look at what happened. We'll have the latest from our reporters on the ground in just a

moment. First though some breaking news here in the states a federal appeals court siding with the former president on that limited gag order issued against

him in the special counsel's election interference case. Let's get straight to our chief legal affairs correspondent Paula Reid. Paula exactly

what did this appeals court do? Well here John they put this gag order on hold

and then a little over two weeks a three judge panel will hear arguments about

whether this gag order is constitutional. Judge Tanya Chutkin she's the federal judge overseeing the election subversion case here in

Washington. She imposed a broader set of restrictions on former President Trump at

the request of prosecutors and those restrictions bar him from targeting witnesses in the case members of the court staff and the special counsel's

office. But Trump's lawyers have argued that this was unconstitutional that as a

candidate for office that there's a very high bar for restricting his speech. But

Judge Chutkin has said look your First Amendment yields to the orderly

administration of justice. She said in one of the court hearings she said look I have a trial to oversee here and I can't have him attacking people who are

just trying to do their jobs or comply with their civic duty. So in just a few weeks this will go before this panel. On the panel will be two judges appointed

by former President Barack Obama and one appointed by President Joe Biden. So you

say that panel Paul in a few weeks what are the practical implications that now

between now and then for the former president? Well John this is a test this

is a test of the judicial system. He is not bound by these restrictions but if

he starts to violate them he's really gonna help make the government's case for them and that's exactly what's already happened here. Judge Chutkin

already put a pause on her own gag order while these appeals played out and what

did he do? He made a series of statements attacking among others key

witnesses in the case so it was reinstated. So he has a choice here

whether he wants to resume these attacks and help the state make its case. But

this larger question John of the extent to which you can restrict the speech of

someone who is running for the White House who was also a defendant across

multiple jurisdictions this has never been contemplated by the courts before so this is something that could potentially make its way all the way to

the Supreme Court. Now whether they want to get involved in this that's an open

question. We will find out soon enough I suspect. Paula Reid thank you so much and

we're gonna have much more tonight on the legal issues. Now if you've been watching me for any length of time you already know how I feel about gag orders

I believe they're a violation of the First Amendment. I believe it in every case not just this case. I think the appeals court now what they're gonna do

they're gonna let this play out they're gonna have arguments at the end of the month but in the meantime Trump can speak freely. I would advise the former

president to be very careful what he says between now and that hearing because

anything he says will absolutely be used against him in that court of law. So look

they're gonna find something anyway but don't make it easy for them. That would

be my advice. I'm sure he's not gonna hear it or take it but that would be my

advice. Sometimes you have to even though the rules aren't fair you got to play

within the confines of their rules. I agree with with you know our colleague

here that that this is unconstitutional. I've said it a million times gag orders

violate the First Amendment in my opinion but that's not for me to decide

It may however very soon be for the Supreme Court to decide because this is

where that might go eventually. I want to know what you guys think about this so

please let me know in the comments. Also please remember to Like share and

subscribe. Those little things again really help us out and they help our

channel continue to grow. I'm Carmine Sabia. This is Explain America. We love

you guys. God bless you. Take care everybody