Trump lawyers say former president’s speech does not pose ‘clear and present danger’ in gag order fight before appellate court

Background: Former President Donald Trump motions as he returns to the courtroom after a break in his civil business fraud trial at New York Supreme Court, Wednesday, Oct. 25, 2023, in New York. The judge in Donald Trump

Background: Former President Donald Trump motions as he returns to the courtroom after a break in his civil business fraud trial at New York Supreme Court, Wednesday, Oct. 25, 2023, in New York. The judge in Donald Trump’s civil fraud trial has fined the former president $10,000. The judge says Trump violated a limited gag order barring personal attacks on court staffers.(AP Photo/Seth Wenig)/ Inset left: Special Counsel Jack Smith, AP Photo/J. Scott Applewhite, File)/Inset right: U.S. District Judge Tanya Chutkan. (Administrative Office of the U.S. Courts via AP, File)

In the face of a looming battle in appellate court over whether Donald Trump should be subject to a gag order ahead of his election subversion trial in Washington, D.C., Trump’s attorneys filed their opening brief in the court Wednesday, arguing any gag order imposed would be overly restrictive, unconstitutional and would trigger an “impermissible heckler’s veto” on Trump as he campaigns for the White House in 2024.

Oral arguments are scheduled for Nov. 20 at the U.S. Court of Appeals for the District of Columbia Circuit.

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