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(Photograph by Win McNamee/Getty Pictures)
Donald Trump efficiently postpone testifying within the E. Jean Carroll case till after the New Hampshire main, due to a conveniently-timed sick juror. However he nonetheless managed to get his ass kicked in courtroom, due to the DC Circuit.
Within the nation’s capital, the previous president sought assessment of a gag order initially issued in October within the election interference prosecution. In that order, Choose Tanya Chutkan barred Trump from making public statements which “goal” the Particular Counsel or his employees, courtroom employees, or any witnesses within the case. Trump’s attraction attracted supportive amicus briefs from the Christian Family Coalition, the America First Legal Foundation, and the Attorneys General of Iowa, West Virginia, Alabama, Alaska, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, and Utah.
But it surely was to not be. After a tumultuous hearing in November, Judges Millet, Pillard, and Garcia narrowed the order to permit Trump to assault Particular Counsel Jack Smith personally, in addition to tightening up the time period “goal.” However in any other case, they let it stand, rejecting Trump’s argument that he’s allowed to hazard courtroom employees and witnesses as a result of he’s working for president.
Naturally, Trump requested en banc assessment, hoping to extract one other administrative keep pending rehearing. However that gambit failed as effectively, with the courtroom issuing a one-sentence brush-off this morning.
“Upon consideration of appellant’s petition for rehearing en banc, the response thereto, and the absence of a request by any member of the courtroom for a vote, it’s ORDERED that the petition be denied,” learn the per curiam order.
Not even Trump’s personal appointees, Judges Katsas, Rao, and Walker, wished a bit of this stinker. Presumably they’re maintaining their powder dry for his magical immunity appeal, if and when Judges Henderson, Childs, and Pan ever get completed writing an opinion and boot him again to the trial courtroom.
Within the meantime, Trump will undoubtedly attraction the gag order to the Supreme Courtroom, if solely to strive his hand at wangling one other administrative keep so he can threaten Mark Meadows some extra.
Once you’re a star, they allow you to do it.
US v. Trump [Circuit Docket via Court Listener]
US v. Trump [District Docket via Court Listener]
Liz Dye lives in Baltimore the place she writes the Law and Chaos substack and seems on the Opening Arguments podcast.
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