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‘Careful Scalpel’: Appeals Court Likely to Uphold Trump Gag Order but Narrow It Experts Say

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A three-judge federal appeals court reviewing Donald Trump’s request to overturn U.S. District Judge Tanya Chutkan’s limited gag order listened for nearly two and a half hours to arguments that were slated to last a total of 40 minutes. They appeared largely skeptical of Trump’s attorney’s arguments, but experts say they believe the court will uphold the gag order while narrowing it somewhat to protect the ex-president’s First Amendment rights.

“We have to use a careful scalpel here and not step into skewing the political arena,” U.S. Court of Appeals for the District of Columbia Judge Judge Patricia Millet said in the latter half of Monday’s hearing. MSNBC legal analyst Katie Phang called that “the crux” of the case. She added: “Judges are saying that there is a balance here to protect the integrity of the criminal judicial system, but not to infringe on someone’s rights.”

At the end, former U.S. Attorney Harry Litman observed, “Seems as if they want to affirm in principle but narrow the terms. Court raised many challenging line-drawing problems to protect first amendment and trial integrity.” He also noted that the “court obviously thinks neither side has nailed proper balance between protecting trial integrity and safeguarding political speech.”

READ MORE: Trump Lawyer Trips Over His Own Argument as Judges Appear Skeptical of Gag Order Appeal

Former FBI General Counsel Andrew Weissmann, an MSNBC legal analyst, called the three-judge panel “impressive,” and noted they “struggle[d] with what to do for ‘public figures’ where the Trump speech is not connected sufficiently to the upcoming criminal trial. But IMHO they are going to uphold the gag order, but make it more limited and clearer.”

“Prediction,” Weissman added: “the gag order in DC will be upheld, at the very least, as it applies to public figures where Trump’s targeting is with respect to the trial.”

But MSNBC executive producer Kyle Griffin noted during the hearing that Judge Patricia Millett said the gag order order doesn’t threaten Trump’s First Amendment rights: “This is only affecting the speech temporarily during a criminal trial process by someone who has been indicted as a felon.”

Judge Chutkan’s gag order was already very limited and narrowly drawn. It simply barred Trump from targeting witnesses or potential witnesses, court personnel (although not Judge Chutkan), Special Counsel Jack Smith, and his prosecutors, but did not bar him from going after the Dept. of Justice and President Joe Biden.

After Monday’s arguments, The New York Times reported the judges “left open the possibility of adjusting the terms of the order or even narrowing the scope of the people covered by it, including by potentially freeing Mr. Trump to attack Jack Smith, the special counsel overseeing the federal cases against him.”

READ MORE: GOP Congressman Melts Down on House Floor Over Republican Failures

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‘They’re Coming After Our Children’: Watch Casey DeSantis’ Dystopian Fear-Mongering Ad

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The imagery is dark. The words are defiant. The message is dystopian. An ad for Republican Governor Ron DeSantis‘s presidential campaign, currently “in turmoil,” features the First Lady of Florida, Casey DeSantis, issuing a warning: “They’re coming after our children.”

The ad never quite says who is coming after the kids, but the video (below) includes clips of President Joe Biden and former Dr. Anthony Fauci, the face of the war on COVID and the now-retired Director of the National Institute of Allergy and Infectious Diseases.

While it was first released over the summer, it received little attention. Casey DeSantis on Friday reposted her “Mamas for DeSantis” ad. It comes in the wake of the alleged ménage à trois sex scandal involving an unnamed woman who has accused Christian Ziegler, the head of the Florida Republican Party of rape. His wife, Moms for Liberty co-founder Bridget Ziegler, who reportedly confirmed the consensual three-way sexual relationship, is Casey DeSantis’ “best friend,” according to Florida Politics publisher Peter Schorsch.

“In America, we’ve witnessed a lot and put up with enough,” Casey DeSantis says in a voiceover at the start of the two-and-a-half minute video.

“We’ve been forced into silence,” she charges, amid a baby crying and a COVID mask being put over a child’s face. “Into compliance.”

“Told that we must ‘trust the science,'” DeSantis continues, in a direct attack on Dr. Fauci, showing him speaking during the height of COVID in the Trump administration.

READ MORE: ‘Significant and Imminent Threat’: Trump Gag Order Largely Upheld by Appeals Court

And in an attack on LGBTQ children and adults, she says: “We’ve been told that we must deny truth. Back down. And look the other way.”

“Enough is enough. When you come after our kids, we fight back. Because there’s nothing we won’t do to protect our children,” she says.

Seconds later, the video shows President Joe Biden declaring, “Our nation’s children are all our children.”

“We will not allow you to exploit their innocence to advance your agenda. We are no longer silent,” Casey DeSantis declares. “We are united. We have finally found our fighter.”

Casey DeSantis praises her husband, saying he will do for America what he did for Florida: “Schools: opened. Parents’ rights: defended. School choice: universal. Critical race theory: prohibited. DEI: stopped. Child mutilation: illegal. Girls’ sports: saved. Communities: protected. Our economy: growing. And freedom: guaranteed.”

READ MORE: ‘Dystopian’: Potential Trump Cabinet Picks Send ‘5-Alarm’ Shock Waves of Terror

In the section where President Biden says, “Our nation’s children are all our children,” Casey DeSantis doesn’t explain that those words came from a White House celebration honoring Teachers of The Year from across the country. The President was praising an Oklahoma Teacher of the Year whose district includes students who speak 62 different languages, so she had to work hard to ensure everyone felt included. She had said, “There’s no such thing as someone else’s child.”

Nor did DeSantis acknowledge that Governor DeSantis’ performance for children has been poor.

The Florida Policy Institute, which says it is “an independent, non-partisan, and non-profit organization,” in September warned “368,728 youth aged 20 and younger” have been cut from Medicaid. “Because Florida has not expanded Medicaid, the vast majority of those losing insurance during this time have been children, parents, young adults, and new mothers.”

Florida ranks 35th in child well-being (with 1 being the best), according WUSF, citing the Kids Count Databook from the Annie E. Casey Foundation.

Some critics on social media blasted Casey DeSantis’ remarks.

“Republicans refused to extend child tax credits that pulled 2 million children out of poverty. They resist the idea of free school lunches. Yet they come up with bullshit about their opponents ‘coming after our children.’ Yes, we’re coming after them, to give them a sandwich,” wrote former Chicago Tribune editor Mark Jacob.

READ MORE: Jobs Report Forces Fox News to Admit Biden Economy ‘A Lot Stronger Than Anybody Understands’

Watch the Casey DeSantis video below or at this link.

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‘Significant and Imminent Threat’: Trump Gag Order Largely Upheld by Appeals Court

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A Washington, D.C. federal appeals court Friday afternoon largely upheld and reinstated U.S. District Judge Tanya Chutkan’s very narrow and limited gag order on Donald Trump for his trial on charges related to his alleged efforts to subvert the U.S. Constitution and overturn the results of the 2020 election.

“We agree with the district court that some aspects of Mr. Trump’s public statements pose a significant and imminent threat to the fair and orderly adjudication of the ongoing criminal proceeding, warranting a speech-constraining protective order,” reads Judge Patricia Millett unanimous three-judge panel ruling, posted by Lawfare’s Anna Bower. “The district court’s order, however, sweeps in more protected speech than is necessary. For that reason, we affirm the district court’s order in part and vacate it in part.”

The judges upheld the gag order “to the extent it prohibits all parties and their counsel from making or directing others to make public statements about known or reasonably foreseeable witnesses concerning their potential participation in the investigation or in this criminal proceeding.”

READ MORE: Jobs Report Forces Fox News to Admit Biden Economy ‘A Lot Stronger Than Anybody Understands’

They also upheld the gag order “to the extent it prohibits all parties and their counsel from making or directing others to make public statements about (1) counsel in the case other than the Special Counsel, (2) members of the court’s staff and counsel’s staffs, or (3) the family members of any counsel or staff member—if those statements are made with the intent to materially interfere with, or to cause others to materially interfere with, counsel’s or staff’s work in this criminal case, or with the knowledge that such interference is highly likely to result.”

The judges removed from the gag order “speech beyond those specified categories.”

“We do not allow such an order lightly,” the judges added. “But Mr. Trump is also an indicted criminal defendant, and he must stand trial in a courtroom under the same procedures that govern all other criminal defendants.”

Bower explains, “Chutkan’s order would have prohibited statements that refer to special counsel Jack Smith as a ‘thug’ or ‘deranged.’ But the appeals court order does not apply to speech about the special counsel himself.”

CBS News congressional correspondent Scott MacFarlane sums up the ruling: “Much of the gag order in Donald Trump’s 2020 election conspiracy criminal case in DC is *REINSTATED*.”

READ MORE: Peter Doocy Admits No ‘Concrete Evidence Joe Biden Personally Profited’ From Hunter’s Business

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Peter Doocy Admits No ‘Concrete Evidence Joe Biden Personally Profited’ From Hunter’s Business

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In a report focused on House Republicans’ plan to vote on a resolution to open an official impeachment inquiry of President Joe Biden, Fox News White House correspondent Peter Doocy told viewers there is no evidence of impeachable offenses.

“The House Oversight Committee has been at this for years, and they have so far not been able to provide any concrete evidence that Joe Biden personally profited from his son Hunter’s overseas business but they are going to try again with this impeachment inquiry set to start next week,” Doocy, who often criticizes President Biden in White House press briefings, said Friday on Fox News Business.

Other news outlets this week have also stressed Republicans have come up empty-handed.

The right-leaning news outlet The Hill, reporting on the resolution Thursday, noted Republicans’ current investigation “has struggled to connect President Biden to the activities of his son, and they’ve failed to prove their most salacious allegation — and the one that would be most key for impeachment: that the president accepted a bribe.”

READ MORE: Jobs Report Forces Fox News to Admit Biden Economy ‘A Lot Stronger Than Anybody Understands’

One of the main pillars of Republicans’ allegations against President Biden, the “narrative that President Biden pushed Ukraine to fire its prosecutor to help his son, who served on the board of Ukrainian energy company Burimsa, has largely been refuted,” The Hill also reported.

“Republicans have engaged in wide-ranging inquiry into Mr. Biden for months,” The New York Times reported Tuesday, “hunting for evidence to back up their allegations that he corruptly profited from his family members’ overseas business dealings and accepted bribes. To date, they have failed to deliver compelling evidence to back up their boldest claims.”

Watch Doocy below or at this link.

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