Former President Trump can now appeal to the Supreme Court

 By Brooke Singman Fox News

Published January 23, 2024 1:18pm EST

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A federal appeals court in Washington, D.C., on Tuesday denied former President Trump’s request to toss the gag order on his speech related to Special Counsel Jack Smith’s election interference case. 

U.S. District Judge Tanya Chutkan first imposedthe partial gag order on Oct. 17, blocking Trump from making statements targeting Special Counsel Jack Smith, his staff, witnesses and court personnel. 

KEY ASPECTS OF TRUMP GAG ORDER UPHELD BY FEDERAL APPEALS COURT

Trump appealed the gag order, and a three-judge appeals panel upheld the order but broadened what Trump could say about the case and Smith. 

Special Counsel Jack Smith, right, is asking the U.S. Supreme Court to hear former President Trump’s immunity claims in the election interference criminal case against him. (Getty Images)

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Last month, Trump appealed the order altogether to the full Appeals Court but was denied Tuesday. 

“Upon consideration of appellant’s petition for panel rehearing filed on December 18, 2023, and the request for administrative stay, it is ordered that the petition be denied,” the order states. “It is, further ordered, that the request for administrative stay be denied.” 

Trump and his attorneys can now appeal to the United States Supreme Court. 

Attorneys for the former president and 2024 GOP front-runner have said that the gag order is a violation of his First Amendment rights, especially as he campaigns for the White House