In a late-night court filing, former President Donald Trump's attorneys have requested the D.C. Circuit Court of Appeals to overturn the limited gag order imposed by District Judge Tanya Chutkan in the D.C. 2020 election interference case. Trump's lawyers argue that the order is "muzzling President Trump's core political speech during an historic Presidential campaign." They claim that the order is unprecedented and viewpoint-based, and unfairly restricts Trump's speech during the campaign.

The attorneys argue that the prosecutors and potential witnesses Chutkan has barred Trump from publicly targeting are high-level government officials who are connected to the campaign. They assert that these officials are shielded from criticism as a result of the order. Chutkan's order prohibits Trump from speaking about prosecutors, court staff, and potential witnesses.

Trump's defense team contends that the gag order not only violates Trump's constitutional right to free speech during a campaign but also affects the rights of his supporters to hear him. They argue that this right of listeners to receive Trump's message is especially pertinent to political campaigns, particularly for the Presidency.

Trump has requested the court to make a decision on the matter by November 10th. However, it is unclear if a three-judge panel has been assigned to consider the case.

The motion submitted by Trump's lawyers asks the appeals court to stay the gag order based on Trump's objections. They also request an immediate administrative pause on the order while the longer stay is being considered. If these requests are rejected, the lawyers are asking for a writ of mandamus, an order from the appeals court to Chutkan to reverse her ruling on the stay.

The Justice Department opposes the requests and has consistently advocated for the gag order to remain in place. The motion from Trump's legal team comes after Chutkan rejected a similar request to stay the gag order. The judge temporarily halted the ruling while considering the request but ultimately decided that the order should remain in effect.

Special Counsel Jack Smith's team initially requested the gag order, citing concerns over the potential dangers Trump's language posed to the administration of justice and the integrity of the legal proceedings. Chutkan partially granted the government's request, prohibiting Trump from publicly targeting court staff, federal prosecutors, and potential witnesses in the case. The judge emphasized that her order was not based on whether she liked the comments in question but on whether they could jeopardize the future trial. She stated that Trump was being treated like any other defendant.

Last month, prosecutors suggested that the judge link her limited gag order to Trump's conditions of release, effectively tying his pre-trial liberties to compliance with the court's ruling. However, Chutkan did not agree and simply reinstated the gag order.

The defense team's recent request comes less than 24 hours after they asked Chutkan to pause the legal proceedings as she considers Trump's claims of presidential immunity. They argued that the charges against him should be dismissed because the alleged actions were committed while he was president. Trump has pleaded not guilty to all charges and has consistently denied any wrongdoing.

In a separate development, Trump filed an emergency request with the federal appeals court, seeking to lift the gag order that limits his speech about potential witnesses, prosecutors, and court staff. His lawyers argue that the order violates his First Amendment rights and those of millions of Americans who listen to him.

Trump's lawyers requested the appeals court to maintain the pause on the gag order until a final decision is reached on its validity. They also indicated that they would seek relief from the Supreme Court if the appellate judges deny their motion. The gag order, imposed by Judge Tanya Chutkan, aims to prevent Trump from targeting court personnel, prosecutors, and potential witnesses in the case. However, it does not prohibit him from making general complaints about the case.

Prosecutors have argued that the gag order is necessary to prevent Trump's social media comments from influencing and intimidating potential witnesses. They specifically pointed to his recent remarks about his former chief of staff, Mark Meadows. Trump's lawyers, on the other hand, claim that the gag order prevents him from responding to attacks by potential witnesses who are public figures themselves.

In addition to the request to lift the gag order, Judge Chutkan has also set rules for conducting research on potential jurors in the case. The jurors will be brought to the courthouse on February 9th to fill out a questionnaire to assist in the selection process. Prosecutors expressed concerns about Trump's potential use of research on jurors, citing his history of using social media to intimidate in court proceedings. Chutkan's order allows open-source research on potential jurors but prohibits direct contact with them or the use of non-public databases. She also instructed that the juror information cannot be shared with entities not involved in the case, such as Trump's 2024 presidential campaign.

The ongoing battle over the gag order presents two contrasting perspectives on Trump's actions. Prosecutors argue that his social media posts have had dangerous real-world consequences and paint him as an abuser of social media. Trump's lawyers, however, claim that the gag order is an attempt by President Biden to silence him in the run-up to the 2024 election. They argue that the order infringes on his First Amendment rights, despite Chutkan's allowance for criticism of the case and the Biden administration.

The request to lift the gag order is the latest development in the legal proceedings against Trump. The trial is scheduled to begin on March 4th, and Trump has consistently denied any wrongdoing in the case.