ÐÇ¿Õ´«Ã½

World

    • Court seems inclined to keep restricting Trump's trial speech. But gag order could be narrowed

    Share
    WASHINGTON -

    A federal appeals court appeared inclined Monday to reimpose at least some restrictions on Donald Trump's speech in his landmark election subversion case. But the judges wrestled with how to craft a gag order that doesn't infringe on the former president's free speech rights or prevent him from defending himself on the campaign trail.

    The three judges on the panel asked skeptical and at times aggressive questions of attorneys on both sides while weighing whether to put back in place an order from a trial judge that barred Trump from inflammatory comments against prosecutors, potential witnesses and court staff.

    The judges raised a litany of hypothetical scenarios that could arise in the months ahead as they considered how to fashion a balance between an order that protects Trump's First Amendment rights and the need to protect "the criminal trial process and its integrity and its truth finding function."

    "There's a balance that has to be undertaken here, and it's a very difficult balance in this context," Judge Patricia Millett told Cecil VanDevender, a lawyer with special counsel Jack Smith's office. "But we have to use a careful scalpel here and not step into really sort of skewing the political arena, don't we?"

    VanDevender replied that he agreed but said he believed that the gag order imposed last month does strike the appropriate balance

    The court did not immediately rule but its questions left open the possibility that it might narrow the gag order, setting parameters on what Trump, as both a criminal defendant and the leading candidate for the 2024 Republican presidential nomination, can and cannot say as the trial date nears. Trump's team has signaled that it will fight any restrictions to the Supreme Court.

    No matter the outcome, the stakes are high given the volume and intensity of Trump's public comments about the case, the massive public platform he holds on social media and the campaign trail, and the limited legal precedent for restricting speech of political candidates -- let alone for the White House -- who are criminal defendants.

    In a sign of the argument's import, special counsel Smith himself attended, sitting in the front row of the courtroom in a building just blocks from the U.S. Capitol stormed on Jan. 6, 2021, by rioters motivated by Trump's false claims about the election he lost to Democrat Joe Biden.

    Monday's arguments spanned nearly two-and-a-half hours, with Trump lawyer D. John Sauer fielding the majority of questions as he pressed his case that the gag order was overly vague and an unconstitutional muzzling.

    "The order is unprecedented, and it sets a terrible precedent for future restrictions on core political speech," Sauer said. He described it as a "heckler's veto," unfairly relying on the theory that Trump's speech might someday inspire other people to harass or intimidate his targets.

    "They can't draw a causal line from any social media post to threat or harassment when we have wall to wall media coverage of this case," Sauer told the court.

    But those points were greeted coolly by the court.

    Judge Brad Garcia pressed Sauer to explain why the court shouldn't take preventive steps before violence materializes against potential witnesses or others. Another judge noted that a Texas woman who has since been arrested was accused of making a death threat against the judge in the Trump case, Tanya Chutkan, just one day after Trump posted on social: "If you go after me, I'm coming after you!"

    "This is predictably going to intensify as well as the threats, so why isn't the district court justified in taking a more proactive measure and not waiting for more and more threats to occur and stepping in to protect the integrity of the trial?" Garcia said.

    Another judge in the case, Cornelia Pillard, sharply questioned Sauer over whether he believed any restrictions on Trump's speech were allowed, telling him: "I don't hear you giving any weight at all to the interest in a fair trial."

    Judge Millett recoiled at Sauer's argument that Trump was merely engaged in core political speech.

    "Labeling it core political speech begs the question if it's political speech or speech aimed at derailing the criminal process," she said.

    But the judges also repeatedly wondered where to strike a balance, raising the prospect that the order could be narrow. Millett at one point expressed incredulity at the idea that Trump would not be able to respond to criticism by rival candidates in a debate.

    "He has to speak Miss Manners while everyone else is throwing targets at him?"

    The order has had a whirlwind trajectory through the courts since Chutkan imposed it in response to a request from prosecutors, who cited among other comments Trump's repeated disparagement of Smith as "deranged."

    The judge lifted it days after entering it, giving Trump's lawyers time to prove why his words should not be restricted. But after Trump took advantage of that pause with comments that prosecutors said were meant to sway his former chief of staff against giving unfavourable testimony, Chutkan put it back in place.

    The appeals court later lifted it as it considered Trump's appeal.

    Pillard and Millett are appointees of former President Barack Obama. Garcia joined the bench earlier this year after being nominated by President Joe Biden. Obama and Biden are Democrats.

    The four-count indictment against Trump in Washington is one of four criminal cases he faces as he seeks to reclaim the White House in 2024. The case is set for trial next March 4.

    He's been charged in Florida, also by Smith's team, with illegally hoarding classified documents at his Mar-a-Lago estate in Palm Beach, Florida. He's also been charged in state court in New York in connection with hush money payments to porn actor Stormy Daniels, who alleged an extramarital affair with him, and in Georgia with working to subvert the 2020 presidential election in that state.

    He has denied any wrongdoing.

    CTVNews.ca ÐÇ¿Õ´«Ã½

    Three men were injured after trying to subdue a man armed with a knife during afternoon prayers at a Montreal-area mosque Friday afternoon.

    Police have arrested an 18-year-old woman who allegedly stole a Porsche and then ran over its owner in an incident that was captured on video.

    Since she was a young girl growing up in Vancouver, Ginny Lam says her mom Yat Hei Law made it very clear she favoured her son William, because he was her male heir.

    A 15-year-old boy who was the subject of an emergency alert in New Brunswick has been arrested.

    The search for a missing six-year-old boy in Shamattawa is continuing Friday as RCMP hope recent tips can help lead to a happy conclusion.

    Advocates have identified the woman who died this week after being shot by police in Surrey, B.C., as a South American refugee who was raising a young daughter.

    Provincial police investigating the death of a cat that was allegedly set on fire in Orillia earlier this week released surveillance video of a person of interest in the case.

    Canada

    • Advocates have identified the woman who died this week after being shot by police in Surrey, B.C., as a South American refugee who was raising a young daughter.

    • Three men were injured after trying to subdue a man armed with a knife during afternoon prayers at a Montreal-area mosque Friday afternoon.

    • Police have arrested an 18-year-old woman who allegedly stole a Porsche and then ran over its owner in an incident that was captured on video.

    • Provincial police investigating the death of a cat that was allegedly set on fire in Orillia earlier this week released surveillance video of a person of interest in the case.

    • The search for a missing six-year-old boy in Shamattawa is continuing Friday as RCMP hope recent tips can help lead to a happy conclusion.

    • The Métis Nation of Saskatchewan has pulled out of a national body representing Métis, citing problems with an Ontario group and throwing the future of the Métis National Council into question.

    World

    Politics

    Health

    • A Nova Scotia woman has applied for a medically assisted death, saying after years of battling to receive out-of-country surgery for an illness that causes 'indescribable' pain, she struggles to maintain the will to live.

    Sci-Tech

    Entertainment

    • Getting a photograph of a rainbow? Common. Getting a photo of a lightning strike? Rare. Getting a photo of both at the same time? Extremely rare, but it happened to a Manitoba photographer this week.

    • It was the last show for longtime children's TV star Ron (Buck Shot) Barge Friday as hundreds of family, friends and fans attended a public memorial in Calgary.

    Business

    Lifestyle

    • When Bernard Morissette got a call from Loto-Quebec on Sept. 18 and was asked if he was sitting down, he had no idea what was coming his way.

    • An anonymous business owner paid off the mortgage for a New Brunswick not-for-profit.

    Sports

    • The Winnipeg Blue Bombers have won five in a row. The Edmonton Elks have won five of their last six games. They are the two hottest teams in the West. When they meet Saturday at Commonwealth Stadium, something has to give.

    • Agreement in principle has been reached to build a new NHL arena at LeBreton Flats has been reached between the Ottawa Senators and the National Capital Commission (NCC), the two sides announced Friday.

    • F1 star Max Verstappen punished over bad word

      Formula One points leader Max Verstappen was ordered to 'accomplish some work of public interest' after uttering an inappropriate word Thursday at the news conference ahead of the Singapore Grand Prix.

    Autos

    Local Spotlight

    Getting a photograph of a rainbow? Common. Getting a photo of a lightning strike? Rare. Getting a photo of both at the same time? Extremely rare, but it happened to a Manitoba photographer this week.

    An anonymous business owner paid off the mortgage for a New Brunswick not-for-profit.

    They say a dog is a man’s best friend. In the case of Darren Cropper, from Bonfield, Ont., his three-year-old Siberian husky and golden retriever mix named Bear literally saved his life.

    A growing group of brides and wedding photographers from across the province say they have been taken for tens of thousands of dollars by a Barrie, Ont. wedding photographer.

    Paleontologists from the Royal B.C. Museum have uncovered "a trove of extraordinary fossils" high in the mountains of northern B.C., the museum announced Thursday.

    The search for a missing ancient 28-year-old chocolate donkey ended with a tragic discovery Wednesday.

    The Royal Canadian Mounted Police is celebrating an important milestone in the organization's history: 50 years since the first women joined the force.

    It's been a whirlwind of joyful events for a northern Ontario couple who just welcomed a baby into their family and won the $70 million Lotto Max jackpot last month.

    A Good Samaritan in New Brunswick has replaced a man's stolen bottle cart so he can continue to collect cans and bottles in his Moncton neighbourhood.

    • Advocates have identified the woman who died this week after being shot by police in Surrey, B.C., as a South American refugee who was raising a young daughter.

    • The debate over sexual orientation and gender identity education in schools is heating up. Protests both for and against SOGI in the curriculum took place across the country Friday.

    • A fire that destroyed a historic bridge in Kamloops, B.C., is now being investigated as arson, local Mounties say.

    • Police have arrested an 18-year-old woman who allegedly stole a Porsche and then ran over its owner in an incident that was captured on video.

    • The parents of a teenager who died after allegedly consuming the poisonous products of a Mississauga man are now suing him, as well as several doctors involved in her care.

    • One person was rushed to the hospital with life-threatening injuries after a multi-vehicle collision in Milton, Ont. on Friday night.

    • The man charged with fatally stabbing lifelong Banff resident Ethan Enns-Goneau in 2022 has been convicted of second-degree murder.

    • Environment Canada issued a frost advisory for Calgary late Friday afternoon.

    • Calgary Mayor Jyoti Gondek is urging the Alberta government to preserve pieces of the massive Green Line transit project now being dissolved.

    • Agreement in principle has been reached to build a new NHL arena at LeBreton Flats has been reached between the Ottawa Senators and the National Capital Commission (NCC), the two sides announced Friday.

    • For years, the commute to Ottawa's west end was one of the biggest complaints for attending fans. But those who live in Kanata and in the immediate LeBreton area say the move would be a big change their respective neighbourhoods.

    • Ottawa police are investigating a shooting downtown Friday afternoon.

    • Three men were injured after trying to subdue a man armed with a knife during afternoon prayers at a Montreal-area mosque Friday afternoon.

    • When Bernard Morissette got a call from Loto-Quebec on Sept. 18 and was asked if he was sitting down, he had no idea what was coming his way.

    • A man who asserted his right to work in French has won his case before the Tribunal, invoking the new provisions of the province's French-language law (Bill 96) to that effect.

    • Two Edmonton Police Service officers have been criminally charged in connection with an assault.

    • There's a friendship in the Edmonton Oilers crease between Stuart Skinner and Calvin Pickard.

    • A woman is dead after a highway collision on Saddle Lake Cree Nation.

    • A 15-year-old boy who was the subject of an emergency alert in New Brunswick has been arrested.

    • Mattea Roach among the Maritimers honoured with the King Charles III Coronation Medal Friday.

    • The Halifax Regional Detachment of the RCMP is asking the public for assistance locating a man wanted on a provincewide arrest warrant in relation to an assault in Lower Sackville.

    • The search for a missing six-year-old boy in Shamattawa is continuing Friday as RCMP hope recent tips can help lead to a happy conclusion.

    • A plane approaches the grass runway at Harv’s Air School south of Steinbach. Nothing is getting in the way of a clear, smooth landing, but owner Harv Penner worries, that could soon change.

    • The University of Manitoba's College of Dentistry is dealing with some unexpected consequences from the federal government's new Canadian Dental Care Plan

    • Five Regina schools were placed into lockdown or secure the building mode following a report of a weapons investigation at Miller High School on Friday.

    • A 21-year-old man from Codette, Sask. is facing numerous charges in connection to a fatal crash near Wapella, Sask. Wednesday night that claimed the life of a 22-year-old Alberta woman.

    • The City of Regina and provincial government have committed a combined $400,000 to Carmichael Outreach for an 80-person warming space set to open no later than Nov. 1.

    • Protests were held in front of Kitchener City Hall on Friday, both for and against LGBTQ2S+ inclusive education and queer rights in schools.

    • Levels of hydrogen sulfide gas are being monitored at Brantford Collegiate Institute after a leak in their geothermal system.

    • A new scam is being reported in communities across the country.

    • A garage fire in Saskatoon’s Willows neighbourhood on Friday narrowly missed igniting an attached home, according to the fire department.

    • The Métis Nation of Saskatchewan has pulled out of a national body representing Métis, citing problems with an Ontario group and throwing the future of the Métis National Council into question.

    • The second-degree murder trial of Thomas Hamp is being adjourned until December so an expert witness central to the trial can testify.

    • Emergency crews in northern Ontario found the bodies of four people inside a home where a fire broke out Thursday night.

    • Police have arrested an 18-year-old woman who allegedly stole a Porsche and then ran over its owner in an incident that was captured on video.

    • A Brampton driver, 27, was charged this week when northern Ontario police stopped the SUV he was driving on Highway 17 after a reported shooting and found more than $100,000 in cash.

    • A man is in hospital with life threatening injuries following a collision between a motorcycle and a vehicle on Friday afternoon.

    • NEW

      NEW

      Under intense cross-examination from Crown Attorney Jennifer Moser, the embattled former Mayor of Woodstock stuck to his story denying that he ever did anything inappropriate to his female accuser.

    • Two men from Barrie have been charged after a deadly shooting at a park in Keswick on Wednesday.

    • Provincial police investigating the death of a cat that was allegedly set on fire in Orillia earlier this week released surveillance video of a person of interest in the case.

    • A jury has found a Barrie man guilty of second-degree murder for the stabbing death of a man at a Banff bar two years ago.

    • The Special Investigations Unit (SIU) is searching for the occupants of a vehicle caught on security cameras during a fatal police-involved shooting on Goyeau Street.

    • Windsor police say a 25-year-old mother has been charged with the drowning death of her 5-year-old child in the family’s backyard pool.

    • The federal government is investing $18.4 million dollars into the region.

    • New Democrat Leader David Eby has launched his British Columbia election campaign a day early, making the key battle ground of Surrey his first stop.

    • The Old Man Lake wildfire near Sooke is the only one currently burning on Vancouver Island. It’s a region of the province that this year saw a drastic drop in blazes in the backcountry.

    • Police in Victoria, B.C. issued a warning this week about lighters that look like pistols, saying they have received 20 reports of firearms in public spaces since July 1 that turned out to be gun-shaped torches.

    • A pair of runaway pigs are in the custody of an animal sanctuary in the Okanagan after evading police and volunteers for hours earlier this week.

    • The Red Bridge, a historic landmark in Kamloops, B.C., was completely destroyed by fire early Thursday morning.

    • Animal protection officers in British Columbia have rescued three pit bulls – including one that gave birth to 10 puppies – from a rat-infested home in Kelowna.

    • After a summer of preparation, the Lethbridge Hurricanes are ready to open the 2024-25 season.

    • As a new semester is underway, Lethbridge Polytechnic and the University of Lethbridge say the number of students on campus is on the rise.

    • A Lethbridge resident is facing charges after police seized drugs and weapons at a traffic stop for bicycle equipment violations.

    • A 26-year-old driver from Surrey, B.C., has been charged with three counts of criminal negligence causing death and bodily harm in a crash that killed two youths in northern Ontario last year.

    • Ontario Provincial Police say three suspects from southern Ontario have been charged and drugs worth $300,000 have been seized following a traffic stop Sept. 16.

    • A Brampton driver, 27, was charged this week when northern Ontario police stopped the SUV he was driving on Highway 17 after a reported shooting and found more than $100,000 in cash.

    N.L.

    Shopping Trends

    The Shopping Trends team is independent of the journalists at CTV News. We may earn a commission when you use our links to shop. Read about us.

    Stay Connected
    Follow CTV News