Federal prosecutors’ attorneys asked a judge to limit what former President Donald Trump could say in public about his secret documents case in Florida. Now, Trump is seeking punishments against special counsel Jack Smith’s office.
Trump’s lawyers said in a filing on Monday that Smith’s request was “unconstitutional censorship” of the former president, who is accused of mishandling secret information and hiding hundreds of documents from federal investigators after leaving the White House in January 2021.
Judge Aileen Cannon, who was appointed by Trump, was asked by Smith’s office on May 24 to change the former president’s bail terms so that he can’t say anything that could put FBI agents in danger. Trump kept saying that the agents who broke into his Mar-a-Lago home in August 2022 were ready to kill him, which led to the formal request.
It was revealed in court last week that an operational order linked to the FBI’s raid said that “deadly force” could be used if needed. This is standard practice for the FBI. Trump’s words on the subject have been “intentionally false and inflammatory statements,” Smith wrote last week.
Trump’s defense team said Monday that Smith’s request “unjustly targets President Trump’s campaign speech while he is the leading candidate for the presidency” and that the request “treads new—extremely problematic—ground as a requested prior restraint that is different in kind from the unconstitutional gag orders that prosecutors have sought in New York and Washington, D.C.”
Trump is running for re-election in November and has been charged with four crimes. One of them is leaking classified papers. Since he is being charged with hush money in Manhattan and federal election subversion in Washington, he is not allowed to say anything in public.
When Smith sent his request to Cannon on the Friday night before Memorial Day weekend, Trump lawyers Todd Blanche and Christopher Kise said he was acting in “bad faith.” According to the defense team, federal prosecutors should be punished for contempt of court, and their moves should be taken off the record.
“Pursuant to the Local Rules, the Special Counsel’s Office was required to meaningfully confer with us regarding those issues prior to filing the Motion,” Trump’s team stated. It wasn’t them. They kept doing the same problem-causing thing over and over: they were after public attention instead of justice. If prosecutors who are supposed to follow the rules do something like this, it has no place in Your Honor’s courtroom. In order for this way of thinking to be fair, there must be results. The thing we’re looking for here is that.”
Thursday at a press meeting, U.S. Attorney General Merrick Garland denied that FBI agents were ready to kill Trump during the Mar-a-Lago raid, calling the claims “false” and “extremely dangerous.” The FBI also said that the order for the agents who searched President Joe Biden’s home for secret materials in 2023 included words that Trump doesn’t agree with.
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“The FBI followed standard protocol in this search as we do for all search warrants, which includes a standard policy statement limiting the use of deadly force,” a statement from the FBI said last week. “No one ordered additional steps to be taken, and there was no departure from the norm in this matter.”
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