Cannon chastises Smith team, denies ‘gag order’ request in Trump classified docs case
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Judge Aileen cannon criticised the special counsel Jack Smith’s team for failing to reach out to the former President Trump’s attorneys about a motion to restrict his speech in a classified documents case, after Trump claimed that law enforcement could assassinate himself.
She also denied a request from Trump’s team of lawyers to censure the prosecutors in this matter.
Smith’s team has filed a late-Friday motion asking Cannon clarifying that false statements from Trump violated the conditions of his release. Cannon had claimed President Biden and Justice Department had the authority to “take” him out during the search for Mar-a-Lago documents.
The prosecutions — like Trump’s staff — were required to consult with the opposing party before filing motions. They did not do this until 5:15 p.m. on the Friday, Memorial Day weekend.
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Cannon wrote: “The Court finds that the Special Counsel’s pro forma ‘conferral’ is wholly lacking both in substance and professionalism.”
It should be obvious that conferring is not an insignificant exercise. It is important to give opposing counsel enough time to evaluate the relief requested and have a follow-up conversation.
Smith’s team requested Cannon clarify on Friday that Trump may not “make statements that present a significant, immediate, and foreseeable risk to law enforcement agents working on this case.”
In a fundraising email, Trump claimed that the DOJ had “authorized me to shoot” — twisting the language of documents prepared before the search of Trump’s home which prohibited the use of deadly forces unless agents faced “imminent death or serious bodily injury.”
Trump’s legal team replied to the motion accusing prosecutors that they failed to follow earlier orders given by Cannon. They attached emails showing the squabbling of the two sides.
There are rules. Todd Blanche, Trump’s attorney, wrote to Trump during the exchange: “You guys broke them.”
Before filing any motions, parties are encouraged to consult with their attorneys in order to resolve any issues before they are brought to the attention the judge.
In his initial outreach to Trump’s lawyers, Jay Bratt, the top prosecutor for the case, stated that he “assum[ed]” they would oppose this motion.
Todd Blanche, the Trump attorney, immediately objected to the email and requested a meeting on Monday. He wrote that “an email sent at 5:30 pm the Friday before Memorial Day does not constitute a meeting or conferring by any definition of the term.”
In a later motion, prosecutors argued that Trump’s remarks pose a danger to law enforcement officers involved in the case. Many of these officers are expected to be called to testify if the case reaches trial. Cannon declined to announce a trial date because she said that she needed to clear all pretrial motions first.
Bratt refused the meeting Blanche requested on Monday, stating that Trump’s allegations posed a too immediate risk.
“Just this afternoon, Donald Trump posted a statement to Truth Social in which he repeated the false allegations and added new ones. “Further conferral is a futile exercise that does nothing to reduce the danger created by your client,” he wrote.
Cannon’s decision may not be final on this issue. She directs the two parties to provide more details about their meetings, and avoid “editorialized notes.”
She said that sanctions could be imposed if you fail to meet these requirements.