U.S. District Judge Tanya Chutkan had initially approved President Trump's request for an administrative stay, or pause, on the gag order requested by government prosecutor special counsel Jack Smith. The gag order prohibited remarks that would "target" the prosecution and defense legal teams, court staff, and potential witnesses.

In Judge Chutkan's initial written opinion, she dismissed arguments made for First Amendment defenses, writing that the obligation to protect the proceedings from outside interference preceded First Amendment rights.

President Trump's legal team had requested the pause while the merits of the case were being considered by an appeals court. They said the gag order would deny his protected political speech, and the rights of President Trump's audience to hear his remarks.