The judge overseeing the election case, Tanya S. Chutkan of Federal District Court, first imposed a gag order on Mr. Trump in October. It restricted him from making public statements attacking witnesses and specific prosecutors or court staff members — but not herself — in the case. Mr. Trump appealed, saying the order violated his First Amendment rights.
In December, a three-judge panel of the appeals court upheld the order but narrowed its terms, including to allow him to keep attacking one of his main targets: Mr. Smith, the special counsel. Mr. Trump then asked the full D.C. Circuit to intervene and rehear the matter, seeking a further narrowing or elimination of the order.
In their unsigned order on Tuesday, the 11 full-time judges on the court issued no written opinion. The order said only that none of the judges had requested a vote on the matter.
The D.C. Circuit includes seven appointees of Democratic presidents and four by Republican ones, three of whom — Gregory G. Katsas, Neomi Rao and Justin R. Walker — were appointed by Mr. Trump. The fourth Republican appointee, Karen L. Henderson, who was put on the court by President George H.W. Bush, has voted in Mr. Trump’s favor in several other legal disputes.
Judge Henderson, along with two appointees of President Biden, is also part of a three-judge panel that is considering a separate issue arising from the election case: Mr. Trump’s claim that he is immune from being charged over the acts he took to overturn the 2020 election results while he was president.