The office of Special Counsel Jack Smith has once again requested a gag order against former President Donald Trump following the court’s rejection just days prior. This request aims to prevent Trump from discussing the law enforcement officers who searched his Mar-a-Lago home, where classified documents were discovered. In Florida, Trump faces 40 counts related to mishandling classified documents after leaving office and obstructing the Justice Department’s investigation, as reported by the Washington Examiner.
The prosecution’s filing argued that Trump’s recent comments about the FBI agents who searched his home create a false impression of the officers’ intentions and conduct. They argue that these claims expose law enforcement professionals involved in this case to undue risks, such as threats and harassment from those targeted by Trump’s invective.
Smith’s request comes after Trump made a claim about the FBI agents who searched his home last August, stating they were “authorized to shoot me” and were “locked & loaded ready to take me out & put my family in danger.” However, FBI agents followed their standard use-of-force policy during the search, which prohibits the use of deadly force unless there is a reasonable belief that the person being searched intends to harm an officer or another person.
Trump’s legal team responded by arguing that the request violates the First Amendment rights of President Trump and the American People. They argued that it would effectively allow Trump’s political opponent, the prosecution, to regulate his campaign communications with voters across the country.
Last week, Judge Aileen Cannon rejected the motion because prosecutors had not properly conferred with the defense, and she criticized their lack of professionalism, warning that future instances of such conduct would warrant sanctions. This time, prosecutors conferred with defense counsel before submitting their request, but both parties agreed to disagree without any further conferral.
Julie Kelly first reported on Cannon’s decision to deny the motion last week. In her ruling, Cannon stated that Smith’s request was “wholly lacking in substance and professional courtesy.” She also warned Smith that he risks sanctions if he continues to bury evidence in footnotes rather than including it as addendums to his filings.
Furthermore, the judge ordered Smith to include unbiased statements from Trump’s defense team, limited to 200 words, in each filing.
As the case unfolds, Trump continues to put pressure on Joe Biden’s Justice Department to take legal action against Special Counsel Jack Smith. This comes after prosecutors informed Cannon earlier this month that some evidence is no longer in its “original, intact” form, prompting outrage from Trump who called for Smith’s arrest on Truth Social over the weekend.
