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Trump, in a Monday filing to the US DC Circuit Court of Appeals, asked the three-judge panel that handled the issue to either rehear it or for the issue to be considered en banc, meaning the case would be heard by the full court.
Trump’s attorneys also asked the court to temporarily freeze the gag order while it considers their request for the case to be reheard.
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Earlier this month, the three-judge panel said in a unanimous decision that Trump can be barred from talking about witnesses as well as prosecutors, the court staff and their family members.
But the court said the gag order does not apply to comments made about special counsel Jack Smith and narrowed the prohibition Trump had regarding speaking about witnesses in the case, a change from the original gag order.
“The opinion holds that President Trump must be silenced to protect trial participants from possible threats or ‘harassment’ from unrelated third parties,” Trump’s attorneys wrote in the 22-page filing.
“In doing so, the opinion conflicts with decisions of the Supreme Court and other Circuits, warranting en banc consideration both to secure uniformity of this Court’s decisions and because of the question’s exceptional importance,” they wrote.
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