The latest appeals court ruling has solidified the grip of Judge Tanya Chutkan’s gag order in the 2020 election interference trial, leaving former President Donald Trump with limited options.
Legal experts, including former federal prosecutor Harry Litman, assert that Trump’s attempt to appeal to the Supreme Court may not yield the desired results, as reported by RawStory on Friday, December 8.
During a discussion on MSNBC, anchor Alicia Menendez questioned Litman about Trump’s decision to appeal, to which Litman responded, “Well, the appeal, the D.C. circuit here — the appeal is in the form of an appeal to the Supreme Court.”
Despite Trump’s insistence on pursuing this avenue, Litman expressed skepticism about its potential success, stating, “I don’t see it going anywhere.”
Litman elaborated on Trump’s arguments, noting that the former president sought to portray himself as special and frame the issue as a unique First Amendment concern
However, the court swiftly dismissed these assertions, emphasizing the importance of defending the trial’s integrity. Litman emphasized, “They said, A, you’re not [special], and B… this is a defending the integrity of the trial issue.”
Addressing concerns about the impact on the trial process, Litman highlighted the resilience of judges and prosecutors accustomed to facing criticism.
He noted that if the trial process were genuinely impeded, Judge Chutkan retains the authority to modify the order. Litman suggested that the D.C. Circuit Court’s opinion indicates strong support for Judge Chutkan, making it unlikely for the order to be overturned.
“In terms of the court now, unless they stay it while he considers it, which he’ll ask for, really the game is basically over,” Litman remarked, emphasizing the diminishing options for Trump.
The prospect of a stay, allowing Trump to continue making public statements, remains uncertain, but Litman expressed doubt that the court would grant such a request.
Looking ahead, Litman downplayed the significance of this particular issue, stating, “With so many things on the horizon, I don’t think this is the issue they will glom onto.” He suggested that the court is unlikely to prioritize Trump’s appeal over other pressing matters.
Litman emphasized that even if the court were to intervene, it would freeze proceedings, granting Trump a platform to voice his opinions. Nevertheless, Litman concluded, “But he’s effectively at the end of the road, I think.”
As the legal saga unfolds, the upheld gag order poses a substantial hurdle for Trump, limiting his ability to publicly comment on the ongoing trial.
With the Supreme Court appeal considered a long shot, the former president finds himself navigating a legal landscape where his options are increasingly scarce.