Special Counsel Jack Smith made an unprecedented move on Friday by requesting a federal judge to issue an order restricting former President Donald Trump from making statements that could potentially endanger law enforcement.
The request comes as a result of Trump’s attempts to capitalize on a piece of newly discovered evidence in the case. He falsely alleges that the evidence proves President Biden had planned to assassinate him during the search of his Mar-a-Lago club in August 2022.
According to the filings from Smith, the Government is taking steps to alter the conditions of release for defendant Donald J. Trump. This modification aims to explicitly state that he is prohibited from making statements that could pose a significant, imminent, and foreseeable danger to law enforcement agents involved in the investigation and prosecution of this case.
The government needs to make this request due to the deliberate and provocative statements made by Trump, which are distorting the truth about the Federal Bureau of Investigation’s execution of the search warrant at Mar-a-Lago. These statements are creating a highly misleading perception of the intentions and actions of federal law enforcement agents. They falsely insinuate that the agents were involved in a conspiracy to harm Trump, putting those agents who will be testifying at trial in danger of threats, violence, and harassment.
In a recent fundraising email, President Trump responded to right-wing media reports that presented a distorted interpretation of a newly unsealed court filing in his classified documents case. In the email, Trump falsely asserted that Biden was “locked & loaded ready to take me out.”
In a recent post on his Truth Social platform, Trump revealed that he had been provided with reports suggesting that Biden’s DOJ had authorized the FBI to use deadly force during their search for classified documents on the property.
In the filing, it is stated that Trump has greatly distorted standard practices by falsely portraying them as a plot to harm him, his family, and U.S. Secret Service agents. These misleading and provocative claims have put the FBI agents involved in this case at risk, as Trump is well aware.
In their thorough investigation, the special counsel explains the meticulous measures they implemented to minimize the chances of any further complications during the search of Mar-a-Lago in August 2022. These precautions included ensuring that the subject, along with his family, was out of state, and even reaching out to his attorney prior to commencing the search of the premises.
According to the filing, the FBI made sure to carry out the search warrant at Mar-a-Lago in a discreet and non-confrontational manner. They carefully scheduled the search when Trump and his family were not present, and they intended to coordinate with Trump’s attorney, Secret Service agents, and Mar-a-Lago staff throughout the process. Additionally, they had plans in place for any unexpected situations that might arise if Trump were to unexpectedly arrive at the scene.
The filing highlights the attack on an FBI field office in Cincinnati, Ohio as evidence to support the request. It states that the attack occurred as a result of statements made by Trump that “inflamed his supporters” after the August search.
In their motion that has sparked controversy, Trump’s lawyers misleadingly characterized the FBI’s “Use of Deadly Force” policy. Critics point out that Trump’s attorneys omitted the word “only” before the phrase “when necessary” without providing any explanation or indicating the omission with ellipses.
In their filing, Trump’s attorneys described the policy as follows: “Law enforcement officers of the Department of Justice may use deadly force when necessary.” However, the actual wording on the policy statement is: “Law enforcement officers of the Department of Justice may use deadly force only when necessary.”
In June of last year, Trump entered a plea of not guilty to 37 criminal charges connected to his handling of classified materials following his departure from the White House. Prosecutors alleged that he adamantly refused to return numerous documents containing classified information, which encompassed a wide range of sensitive details from U.S. nuclear secrets to national defense capabilities. Furthermore, they asserted that Trump actively obstructed the government’s attempts to retrieve these documents.
It is uncertain when or how U.S. District Judge Aileen Cannon will address the request. A series of hearings has been scheduled by her at the end of June to consider different attempts made by Trump and his co-defendants to have the case dismissed.