The filing is the clearest indication yet that Trump’s lawyers are hoping to sow doubt before a jury in the legitimacy of the race or at least make the case that his skepticism was justified.
The decision by District Judge Sarah B. Wallace is the third ruling in a little over a week against lawsuits seeking to knock Trump off the ballot by citing the 14th Amendment.
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.
Filings late Thursday afternoon seek an “immediate and expedited consideration” for appeal and an “emergency application” to bypass the state Appeals Court.
Last week, the Minnesota Supreme Court dodged the question of whether the provision applies to Trump, who is so far dominating the Republican presidential primary.
In his decision, Judge David Friedman of the state’s intermediate appeals court cited constitutional concerns about restricting Trump’s free speech.
The videos were part of evidence, known as discovery, that had been provided to all of the defendants and their attorneys. But they were not publicly available.
It marks the second time in a week that a state court declined to remove Trump from a primary ballot under the insurrection provision of the 14th Amendment.