Trump Attorneys Former President Donald Trump’s attorneys asked a federal judge Monday to reject special counsel Jack Smith’s request for a gag order in the classified documents case and to find the federal prosecutors who wrote the request in contempt. Smith’s office has requested that the Florida judge overseeing the classified documents case, Aileen Cannon, place a gag order on the former president that would limit his ability to publicly talk about law enforcement that searched his Mar-a-Lago estate in 2022. Trump, the presumptive GOP nominee, has repeatedly and misleadingly criticized the FBI for having a policy in place around the use of deadly force during the search – as the bureau does with every warrant it executes.
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Key Takeaways
- Trump’s attorneys request the judge to dismiss the gag order in the classified documents case.
- They accuse the special counsel of seeking to censor the former president’s speech as he runs for 2024.
- The prosecutors are referred to as “self-appointed Thought Police” by Trump’s legal team.
- The special counsel claims the gag order is necessary to protect law enforcement and potential witnesses.
- Trump’s attorneys reject linking the gag order to his pre-trial release conditions, calling it an attempt to “imprison a political opponent”.
Trump Attorneys Seek Dismissal of Gag Order Request
In a blistering court filing late on Memorial Day, attorneys for former President Donald Trump argued that the special counsel’s request for a gag order in the classified documents case was an “extraordinary, unprecedented, and unconstitutional censorship application” aimed at targeting Trump’s speech as he runs for president in 2024.
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Former President’s Legal Team Calls It “Unconstitutional Censorship”
The defense attorneys stated that the special counsel “improperly asks the Court to impose an unconstitutional gag order on President Trump … based on vague and unsupported assertions about threats to law enforcement personnel whose names have been redacted from public filings and whose identities are already subject to a protective order.” They further accused the prosecutors, whom they referred to as “self-appointed Thought Police,” of “seeking to condition President Trump’s liberty on his compliance” with their own views.
Accuses Special Counsel of Targeting Trump’s Free Speech
The Trump attorneys argued that the special counsel’s request for a gag order was an attempt to unconstitutionally censor the former president’s speech as he campaigns for the Republican presidential nomination in 2024. They asserted that the government’s actions were an improper effort to restrict Trump’s First Amendment rights and influence the upcoming presidential election.
Special Counsel Argues Gag Order Necessary for Safety
The special counsel, Jack Smith, argued on Friday that a gag order is necessary in the classified documents case against former President Donald Trump. Prosecutors claimed that Trump’s false statements have endangered law enforcement officers, some of whom may be potential witnesses in the trial.
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Claims Trump’s False Statements Endanger Law Enforcement
In their filing, prosecutors wrote that Trump’s comments “invite the sort of threats and harassment that have occurred when other participants in legal proceedings against Trump have been targeted by his invective.” Both the FBI and Attorney General Merrick Garland have rejected Trump’s claims that the search of his Mar-a-Lago estate was somehow unique and that his life was in danger.
Cites Potential Threats to Witnesses in Classified Documents Case
The special counsel argued that a gag order is necessary to protect potential witnesses who may testify in the classified documents case against the former president. Prosecutors stated that Trump’s false statements have jeopardized the safety of law enforcement personnel, some of whom could be called to the stand during the criminal trial.
Trump Attorneys Reject Linking Gag Order to Release Conditions
Among the parts of the proposed gag order that Trump’s attorneys most fiercely contested was Special Counsel Jack Smith’s request to incorporate the gag order into the former president’s conditions of pre-trial release – meaning that a probation officer, not the judge, would decide whether Trump’s comments constituted a violation. That structure would “require the Probation Office and the Court to mediate disputes against a backdrop of potentially imprisoning a political opponent who is successfully defeating Smith’s boss and preferred candidate,” they wrote.
Object to Probation Officer Determining Violations
Trump’s legal team strongly objected to the notion of a probation officer, rather than the presiding judge, determining whether the former president’s remarks violated the proposed gag order. They argued that this arrangement would effectively give the government the power to “imprison a political opponent” based on its own subjective interpretation of Trump’s statements.
Allege Attempt to “Imprison a Political Opponent”
In their filings, Trump’s attorneys accused the Special Counsel’s office of seeking to “condition President Trump’s liberty on his compliance” with the prosecutors’ own views, warning that the proposed structure would allow the government to “imprison a political opponent who is successfully defeating Smith’s boss and preferred candidate.”
Demand for Contempt Sanctions Against Prosecutors
Beyond rejecting the gag order request, Trump’s attorneys argued that Judge Cannon should impose sanctions on “all government attorneys who participated in the decision to file the Motion.” They accused the special counsel and his team of “self-appointed Thought Police” who were “seeking to condition President Trump’s liberty on his compliance” with their own views.
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The former president’s legal team made it clear that they not only object to the gag order itself, but also demand that the prosecutors behind it face consequences. They portrayed the government’s actions as an “extraordinary, unprecedented, and unconstitutional censorship application” aimed at stifling Trump’s speech as he mounts a 2024 presidential campaign.
This blistering court filing, submitted late on Memorial Day, underscores the fierce legal battle unfolding over the classified documents case against Donald Trump. As the former president’s attorneys fight to keep him free to speak out, the special counsel’s office is pushing for restrictions that they argue are necessary to protect law enforcement and potential witnesses.
The clash over the gag order request is just one part of the broader legal landscape surrounding Trump, as he faces not only the classified documents case but also a series of other high-profile criminal investigations and trials. With the stakes so high, both sides are pulling out all the stops in their efforts to shape the narrative and the outcome of these pivotal criminal cases.
Trump Attorneys
In a blistering court filing late on Memorial Day, attorneys for Donald Trump said that the gag order request was an “extraordinary, unprecedented, and unconstitutional censorship application” to target Trump’s speech as he runs for president in 2024. The attorneys also said that prosecutors, whom they referred to as “self-appointed Thought Police,” were “seeking to condition President Trump’s liberty on his compliance” with their own views.
Blistering Court Filing on Memorial Day
Trump’s legal team accused the special counsel of improperly asking the court to impose an unconstitutional gag order on the former president. They argued that the prosecutors were attempting to “target Trump’s speech” as he mounts a campaign for the 2024 presidential election.
Refer to Prosecutors as “Self-Appointed Thought Police”
In their blistering response, Trump’s attorneys lashed out at the special counsel, accusing the prosecutors of acting as “self-appointed Thought Police” who were trying to “condition President Trump’s liberty on his compliance” with their own views. They argued that the gag order request was an unconstitutional attempt to censor the former president’s speech.
FBI and AG Garland Reject Trump’s Claims
Both the FBI and Attorney General Merrick Garland have firmly rejected former President Donald Trump‘s claims that the operation to search his Mar-a-Lago estate was somehow unique and that his life was in danger. Garland last week called the allegation “false” and “extremely dangerous,” while the FBI stated in a statement that “no one ordered additional steps to be taken and there was no departure from the norm in this matter.”
Garland and the FBI have also noted that the same deadly force policy was included in plans before a search of President Joe Biden‘s Delaware home during a separate investigation into his own handling of classified documents. This underscores the standard procedures followed in executing search warrants, regardless of the political affiliation of the target.
Separate Gag Orders in Other Trump Cases
While the special counsel’s request for a gag order in the classified documents case has drawn significant attention, it is not the only such order Trump’s legal team has faced. In the Washington D.C. federal election interference case, a judge has already issued a strict gag order that limits Trump’s ability to discuss the ongoing proceedings.
Washington D.C. Federal Election Interference Case
In the federal case related to Trump’s efforts to overturn the 2020 election results, U.S. District Judge Tanya Chutkan has imposed a comprehensive gag order on the former president. This order prohibits Trump from making any public statements, including on social media, that could influence potential jurors or witnesses in the case. Chutkan has emphasized the importance of preserving the integrity of the judicial process, stating that Trump’s past comments have the potential to “incite violence” and interfere with the fair administration of justice.
New York State Hush Money Trial
Additionally, in the New York state case involving hush money payments made to adult film star Stormy Daniels during the 2016 presidential campaign, Judge Juan Merchan has also imposed a gag order on Trump and his co-defendants. This order restricts the parties from making any public statements that could prejudice the jury or influence the proceedings. Trump’s attorneys have fiercely contested these gag orders, arguing that they represent an unconstitutional infringement on the former president’s free speech rights as he campaigns for the 2024 election.
In the high-stakes trial against former President Trump, his defense attorneys, led by Todd Blanche, delivered their closing arguments on Tuesday in a New York State courthouse. Facing 34 felony counts, including allegations of fraud and falsifying business records, Trump’s legal team vehemently denied any wrongdoing on behalf of the former U.S. president. The case, which revolves around hush money payments made during the 2016 presidential campaign to adult film actor Stormy Daniels, has drawn nationwide attention. Prosecutors, representing the state, have argued that Trump illegally concealed payments to Daniels, a potential witness in the trial. Despite the defense’s efforts to overturn the charges, Judge Juan Merchan, overseeing the case, has remained firm. As the trial looms, the courtroom drama and political ramifications continue to blast across headlines, with ABC News closely monitoring the proceedings. Trump’s Mar-a-Lago estate, once a symbol of his presidency, now serves as the backdrop for the legal battle that could have significant consequences for the former president’s future.
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Conclusion
The request by Trump’s attorneys to dismiss the gag order in the classified documents case and hold prosecutors in contempt marks a significant escalation in the legal battle surrounding the former president. This move underscores the high-stakes nature of the proceedings, where Trump’s legal team is vigorously defending his rights and challenging the prosecution’s conduct. The gag order, intended to limit public commentary and ensure a fair trial, is seen by Trump’s team as an infringement on his freedom of speech, and they argue that the prosecutors’ actions have overstepped legal boundaries.
If the judge grants the request to lift the gag order, it could lead to a more public and contentious trial, with both sides potentially making more statements outside the courtroom. On the other hand, finding the prosecutors in contempt would be a severe reprimand, possibly affecting the case’s dynamics and public perception.
This legal maneuver highlights the broader context of political and legal conflicts that have defined Trump’s post-presidency. As the case progresses, the court’s decisions on these requests will play a crucial role in shaping the trial’s outcome and its impact on the political landscape. Observers will be keenly watching how these developments unfold, as they carry significant implications for the rule of law and the principle of fair trial.
FAQs
Q: What is the latest development in the case involving President Trump’s attorneys?
A: Trump’s attorneys have requested the judge to dismiss the gag order in the classified documents case and hold.
Q: Who is involved in the hush money trial related to the case?
A: Michael Cohen, former attorney for President Donald Trump, is involved in the hush money trial.
Q: Why is the gag order significant in this case?
A: The gag order is crucial as it restricts the disclosure of information related to the case to the public or media.
Q: Where is the trial taking place?
A: The trial is being held in Manhattan, New York.
Q: What are the allegations against Michael Cohen in this case?
A: Michael Cohen is facing charges related to hush money payments and falsifying business records.
Q: How has President Trump responded to the allegations in the case?
A: Trump has denied any wrongdoing and involvement in the alleged criminal activities.
Q: What role do Trump’s attorneys play in the legal proceedings?
A: Trump’s attorneys are defending him against the charges and presenting his case in the court.
Q: Are there any potential implications of the case on the upcoming presidential election?
A: The case may have implications on the political landscape and could impact the 2024 presidential election.
Source Links
- https://www.nytimes.com/2024/05/27/nyregion/trump-documents-jack-smith-gag-order.html
- https://www.aol.com/trump-attorneys-ask-judge-reject-002802178.html
- https://www.cnn.com/2024/05/27/politics/trump-response-classified-documents-gag-order/index.html
