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Jack Smith Tries Again For Gag Order Against Trump In Docs Case

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OPINION: This article may contain commentary which reflects the author's opinion.


Special Counsel Jack Smith has again filed a request with the federal judge presiding over former President Donald Trump’s classified documents case to impose a gag order after getting shot down just days ago while earning a rebuke from the court.

Smith’s request aims to prevent Trump from commenting on the law enforcement officers who searched his Mar-a-Lago home, where they found classified documents. In Florida, Trump faces 40 counts related to his alleged mishandling of classified documents after leaving the White House and obstructing the Justice Department’s investigation, the Washington Examiner reports.

“These deceptive and inflammatory claims expose the law enforcement professionals who are involved in this case to unjustified and unacceptable risks: they invite the sort of threats and harassment that have occurred when other participants in legal proceedings against Trump have been targeted by his invective,” prosecutors Jay Bratt and David Harbach wrote in the filing.

Smith insisted on making the request following a claim made by Trump last week about the FBI agents who searched his home in August 2022, stating they were “authorized to shoot me” and were “locked & loaded ready to take me out & put my family in danger.”

During the search, FBI agents followed their standard use-of-force policy, which prohibits the use of deadly force unless the officer has a reasonable belief that the person being searched intends to harm the officer or another person.

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The prosecution said Trump’s comments have created “a grossly misleading impression about the intentions and conduct of federal law enforcement agents—falsely suggesting that they were complicit in a plot to assassinate him—and expose those agents, some of whom will be witnesses at trial, to the risk of threats, violence, and harassment.”

Trump’s legal team responded by saying the request was “a blatant violation of the First Amendment rights of President Trump and the American People, which would in effect allow President Trump’s political opponent to regulate his campaign communications to voters across the country.”

Last week, Cannon rejected the motion because prosecutors had not properly conferred with the defense, and the judge criticized the prosecutors for their lack of professionalism, warning that future instances of such conduct would warrant sanctions, The Epoch Times reported.

This time, prosecutors conferred with defense counsel, and the parties agreed to disagree, both concluding that “no further conferral was necessary,” according to the outlet.

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Investigative reporter Julie Kelly first reported on the denied motion last week, in which Cannon stated that Smith’s request was “wholly lacking in substance and professional courtesy.”

“Sufficient time needs to be afforded to permit reasonable evaluation of the requested relief by opposing counsel… Because the filing of the Special Counsel’s Motion did not adhere to these basic requirements, it is due to be denied without prejudice,” she wrote.

Cannon also warned Smith that he risks sanctions if he continues to bury evidence in footnotes rather than including it as addendums to his filings.

Additionally, Smith will be required to include unbiased statements from Trump’s defense team, limited to 200 words, in each filing.

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Trump is putting pressure on Joe Biden’s Justice Department to take legal action against Smith following an explosive admission in a legal filing.

Smith’s prosecutors informed  Cannon earlier this month that some evidence is no longer in its “original, intact” form, prompting outrage from Trump.

“Arrest deranged Jack Smith. He is a criminal,” Trump wrote in all caps on Truth Social as one of several posts he made over the weekend after Smith’s prosecutors informed Cannon that there are some boxes where the “order of items within that box is not the same” as they appear in digital scans of materials in the wake of the FBI retrieving them from Trump’s Florida resort in August 2022.

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