The New York Post reports that the gag order, sought by federal prosecutors, could be enacted immediately after Trump's debate with President Biden on Thursday.
Todd Blanche, a defense attorney for Trump, contended in a Fort Pierce, Florida federal court on Monday that the speech restrictions proposed by special counsel Jack Smith could severely limit what Trump is permitted to say. Blanche warned that if the order is approved, Smith's team could "get an arrest warrant" if Trump, aged 78, says anything during the CNN debate that violates the order. "If signed, they can arrest him," Blanche added.
US District Judge Aileen Cannon, appointed by Trump, rejected a request last month for a gag order that would prohibit threatening statements about law enforcement. She also reprimanded one of the prosecutors arguing for it in her courtroom on Monday. Cannon criticized one of Smith's top deputies, David Harbach, for complaining about her constant questioning about any imminent threats to federal agents, which he claimed had prevented him from finishing his arguments.
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"I don't appreciate your tone," Cannon responded, as reported by the New York Times. "I think we have been here before. I expect decorum in this courtroom. If you're not able to do that, I'm sure one of your colleagues could take your place."
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Smith's team alleges that Trump misrepresented a routine "deadly force" authorization during the FBI's search of his Mar-a-Lago estate in August 2022. They claim he described it as an attempt to kill him, his family, and Secret Service agents, according to court filings. Prosecutors argue that Trump's comments have endangered law enforcement officers involved in the investigation and prosecution of the case and have threatened the integrity of the proceedings.
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"A restriction prohibiting future similar statements does not restrict legitimate speech," Smith's team wrote in a May 31 motion to modify the conditions of Trump's release.
Earlier in May, Trump had sent out fundraising emails claiming that the FBI agents were "locked & loaded," "ready to take me out" and "just itching to do the unthinkable," according to prosecutors' filings. On Truth Social, Trump also alleged that "Crooked Joe Biden's DOJ, in their Illegal and UnConstitutional [sic] Raid of Mar-a-Lago, AUTHORIZED THE FBI TO USE DEADLY (LETHAL) FORCE."
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Attorney General Merrick Garland labeled the allegation as "false" and "extremely dangerous," echoing an FBI statement that the "deadly force" authorization was "standard protocol." "As the FBI advises, it is part of a standard operations plan for searches and, in fact, it was even used in the consensual search of President Biden's home," Garland told reporters on May 23.
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Blanche, on the other hand, has stated that prosecutors have yet to provide evidence of any direct threat against a law enforcement officer based on Trump's speech.
Judge Cannon has not indicated when she plans to issue a ruling on the gag order, a restriction previously imposed on Trump during his recent "hush money" case in Manhattan and his 2020 election interference case in Washington, DC.
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Trump has pleaded not guilty to all 40 counts stemming from the classified documents indictment. The trial date has been indefinitely postponed by Cannon, as Trump's defense team has argued that Smith was improperly appointed as special counsel.
