Special Counsel Jack Smith requested a gag order against former and potentially future President Donald Trump on Friday night, as part of his classified documents case. On Tuesday, Judge Aileen Cannon struck down the order, and even chastised prosectors in the process. She also denied a request from Trump attorneys to censure prosecutors in the process, which attorneys filed in response to the gag order, The Hill reported.
Cannon's order denied the gag order request "for lack of meaningful conferral...The Court finds the Special Counsel’s pro forma 'conferral' to be wholly lacking in substance and professional courtesy." Her order also later noted that "Any future, non-emergency motion brought in this case--whether on the topic of release conditions or anything else--shall not be filed absent meaningful, timely, and professional conferral."
"It should go without saying that meaningful conferral is not a perfunctory exercise. Sufficient time needs to be afforded to permit reasonable evaluation of the requested relief by opposing counsel and allow for adequate follow-up discussion as necessary about the specific factual and legal basis underlying the motion," Cannon's order also read. "This is so even when a party 'assume[s]' the opposing party will oppose the proposed motion [583-1], and it applies with additional force when the relief sought--at issue for the time in this proceeding and raised in a procedurally distinct manner than in cited cases--implicates substantive and/or Constitutional questions."
It was revealed last Tuesday in an unsealed request from Trump's attorneys that the FBI had been authorized to use "deadly force" on the August 8, 2022, raid of Mar-a-Lago. Trump was not home at the time. Upon learning of such authorization, Trump sent out Truth Social posts as well as multiple campaign emails, including one mentioning that "Joe Biden was locked & loaded ready to take me out & put my family in danger."
Julie Kelly, in sharing the order, mentioned that she had predicted the move from Cannon.
BREAKING: Judge Cannon, as expected, denies Jack Smith's proposed gag order, warns sanctions could be next if he keeps violating the rules. pic.twitter.com/T2Yxb1zvm6
— Julie Kelly 🇺🇸 (@julie_kelly2) May 28, 2024
As I said last night… https://t.co/jARwZKbk3j
— Julie Kelly 🇺🇸 (@julie_kelly2) May 28, 2024
Kelly also shared emails between Trump's attorneys and prosecutors about the timing of the order. "You did not even bother to inform the Court that you reached out to us for a 'meet and confer' at 5:30pm on Friday night of Memorial Day weekend before filing the motion at 8 p.m.," the email from Todd Blanche to David Harbach points out.
"I'm confused as to why you think we could not meaningfully meet and confer about a path forward short of a motion. You did not even bother to inform us of the posts/fundraising emails that gave you all concern until 20 minutes before you filed the motion. We would have been more than willing to discuss with you your concerns prior to filing the motion," Blanche continued.
"You had an agenda and you stuck to that agenda. It is not surprising, but still disappointing," he also charged.
This email from Todd Blanche (Trump) to David Harbach (special counsel) confirms the purpose of the rush job to post the gag order motion.
— Julie Kelly 🇺🇸 (@julie_kelly2) May 28, 2024
To dominate the weekend news cycle and diminish coverage of FBI use of lethal force policy for MAL raid.
Hence the 8pm docketing of Smith's… pic.twitter.com/6IS9ImY7o8
Judge Cannon indefinitely postponed the trial earlier this month, as Spencer covered at the time. That trial had been set to start on May 20, 2024.
Such an order comes as closing arguments are taking place in the hush money criminal trial where Trump is also the defendant. A verdict could come down tonight, but also later this week. Legal experts, including Professor Jonathan Turley, believe the most likely outcome is a hung jury.
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