Special Counsel Jack Smith has filed a fresh motion on Friday, urging the judge presiding over the case involving former President Trump’s classified documents to prevent him from making any public statements that could potentially jeopardize law enforcement.
In his most recent request, which closely resembles his initial filing last week, he urges Judge Aileen Cannon to issue a limited gag order. The order is based on the former president’s unfounded allegations that the Biden administration intended to use lethal force during a search for classified documents at his Mar-a-Lago resort in 2022.
The timing of this announcement is significant as it coincides with Trump’s recent conviction in his New York hush money trial. This conviction marks a historic moment, as Trump becomes the first former president to be charged with a felony.
In the court filing, it is stated that Trump’s repeated mischaracterization of these facts, which he widely distributed, has endangered law enforcement officers involved in the investigation and prosecution of this case. Furthermore, it has also threatened the integrity of these proceedings. The filing argues that a restriction on future similar statements does not infringe upon legitimate speech. Therefore, the conditions of Trump’s release should be modified to prohibit any similar communications in the future.
In a fundraising email sent earlier this month, Trump made the claim that President Biden was “locked & loaded and ready to take me out.” These remarks added a twist to the standard language found in documents prepared as FBI agents were getting ready to search the Florida resort.
Deadly force can only be used “when necessary” in reality, such as when there is an imminent danger to the officer, according to Smith’s filing. It is worth noting that the search was intentionally conducted while Trump and his family were away.
According to Smith, the FBI adhered to standard and appropriate procedures in this case. However, Trump has greatly misrepresented these procedures by falsely claiming that they were intended to harm him, his family, and U.S. Secret Service agents.
“He added that Trump’s deceptive and inflammatory assertions irresponsibly put a target on the backs of the FBI agents involved in this case.”
Cannon, who has postponed the trial indefinitely due to logistical reasons, recently denied Smith’s initial request. She criticized the prosecutors for not contacting former President Trump’s attorneys regarding the motion to restrict his speech.
Additionally, she rejected a request made by Trump’s legal team to reprimand the prosecutors involved in the case.
In the Friday filing, Smith certified that the defense had been consulted by the prosecutors.
The government’s legal team made an earnest attempt to address the concerns raised in the motion, but unfortunately, they were unable to reach a resolution. The defendant, Trump’s counsel, acknowledged that no further discussion or negotiation was needed.
According to court documents, the legal team representing the former president has issued a statement rejecting the motion, stating that it is a clear infringement on First Amendment rights.