Former President Donald Trump will appeal a gag order issued Tuesday by the federal judge overseeing his 2020 election case.

Trump filed his notice of appeal just hours after U.S. District Court Judge Tanya Chutkan, an Obama appointee, issued the written order. Chutkan partially granted the Department of Justice’s (DOJ) proposed order from the bench Monday, blocking Trump in the written order Tuesday from making public statements targeting Special Counsel Jack Smith or his staff, the defense counsel or their staff, court staff and “any reasonably foreseeable witness or the substance of their testimony.”

The order issued by Chutkan also blocks Trump from “directing others to make any public statements” falling into the prohibited categories.

Trump promised to appeal the order Monday after Chutkan issued her decision from the bench, saying he will be “the only politician in history that runs with a gag order where I’m not allowed to criticize people.”

Chutkan wrote in her opinion Tuesday that Trump’s 2024 presidential candidacy “cannot excuse statements that would otherwise intolerably jeopardize these proceedings.”

“The defense’s position that no limits may be placed on Defendant’s speech because he is engaged in a political campaign is untenable, and the cases it cites do not so hold,” Chutkan wrote.

However, Chutkan specified that the order should not be construed “to prohibit Defendant from making statements criticizing the government generally.”

Trump did not immediately respond to a request for comment.

Katelynn Richardson on October 17, 2023