Federal Judge Aileen Cannon on Tuesday rejected special counsel Jack Smith’s request for a gag order against Donald Trump in the classified documents case, saying that prosecutors’ efforts to confer with the defendant was “wholly lacking in substance and professional courtesy.
” In a brief order, Cannon slammed prosecutors for not following the court’s rules by failing to meaningfully confer with Trump’s defense lawyers about a potential gag order before making the request. “Because the filing of the Special Counsel’s Motion did not adhere to these basic requirements, it is due to be denied without prejudice,” Cannon wrote, adding, “it should go without saying that meaningful conferral is not a perfunctory exercise.
The special counsel’s request – the first in the classified documents mishandling case – came after Trump repeatedly and misleadingly criticized the FBI for having a policy in place around the use of deadly force during the search and seizure of government records at his resort in August 2022. Trump’s campaign, for instance, sent a fundraising email on Tuesday that claimed FBI agents were “locked and loaded” and that he “nearly escaped death” at Mar-a-Lago.
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Will Judge Cannon see the irony in Trump’s latest trial motion?Steve Vladeck is a professor of law at the University of Texas School of Law whose teaching and research focus on federal jurisdiction, constitutional law and national security law. He is co-editor-in-chief of the Just Security blog (just_security) and co-host of 'The National Security Law Podcast' (nslpodcast).
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