Jack Smith seeks gag order in classified docs case after Donald Trump's false FBI assassination theory
PALM BEACH, FLORIDA: Jack Smith requested a federal judge in Florida on Friday, May 24, to impose a gag order on Donald Trump, which would restrict his ability to speak about the law enforcement that searched his Mar-a-Lago resort.
This request, unprecedented in the case of mishandled classified documents, follows the former president's repeated and misleading condemnations of the FBI's policy on the use of deadly force during the August 2022 search and seizure of government records at his property.
Trump had claimed that he "nearly escaped death. Biden’s DOJ was locked and loaded for deadly force at Mar-a-Lago …They were authorized to shoot me!"
Donald Trump's comments cause alarm within federal law enforcement circles
In a direct response to Trump, Attorney General Merrick Garland refuted Trump's assertions about the FBI's search at Mar-a-Lago on Thursday, stating, “The allegation is false and extremely dangerous. The document in question is the Justice Department’s standard policy on limiting the use of force.”
“As the FBI advises, it is part of the standard operations plan for searches,” Garland said. “And in fact, it was even used in the consensual search of President Biden’s home.”
This week, the FBI echoed a similar sentiment in their statement, reflecting the alarm caused by Trump's comments within federal law enforcement circles.
Although Trump has claimed to his followers that he could have been endangered by this policy, it is, in fact, a standard procedure for FBI searches, setting boundaries on how agents can apply force during search operations, according to CNN.
This identical FBI standard procedure was also employed in the searches of President Joe Biden’s residences and offices in a separate investigation involving classified documents.
In a recent filing, prosecutors under special counsel Jack Smith requested Judge Aileen Cannon to revise the conditions that currently prevent former President Trump from being detained pre-trial.
This move places Judge Cannon at the heart of a highly contentious and politicized struggle, intersecting with Trump's active presidential campaign and First Amendment considerations.
To date, Judge Cannon has been deliberate in addressing disputes in the case concerning Trump's alleged criminal mishandling and obstruction of justice, with no trial date established.
The prosecutors have advocated for a gag order, arguing it is crucial for safeguarding the integrity of the case and the safety of law enforcement personnel involved.
They have expressed concern that Trump's provocative rhetoric might incite his followers to act against federal officials, potentially jeopardizing witnesses in the trial.
“Trump‘s repeated mischaracterization as an attempt to kill him, his family, and Secret Service agents has endangered law enforcement officers involved in the investigation and prosecution of this case and threatened the integrity of these proceedings,” prosecutors wrote.
His recent comments, they added, “invite the sort of threats and harassment that have occurred when other participants in legal proceedings against Trump have been targeted by his invective.”
FBI's search protocols during Mar-a-Lago operation included deadly force policy
The policy on the use of deadly force was part of the extensive documentation governing FBI search protocols and policies during their operation at Mar-a-Lago, details of which were disclosed in Trump's federal court case this week.
The documents also stipulated that agents would don unmarked, business casual clothing, and outlined procedures for interaction with Trump and his Secret Service detail should he have arrived at Mar-a-Lago during the search.
Prosecutors have stated that Trump's legal team is against any limitations on his ability to comment on law enforcement personnel involved in the investigation.
Additionally, they are opposed to the special counsel's office addressing Trump's recent statements to the court, which were made late on the Friday before Memorial Day weekend.
“They do not believe that there is any imminent danger, and asked to meet and confer next Monday,” prosecutors added in the filing.
Donald Trump's legal team prepares for court response amid escalating FBI accusations
Trump's legal team is gearing up for a court response over the weekend, according to someone knowledgeable about Trump's strategy, as reported by CNN. It has been observed that Trump has escalated his accusations against the FBI on his Truth Social account, particularly on Friday.
Trump's campaign issued a fundraising email on Tuesday alleging that FBI agents were "locked and loaded" and that he "nearly escaped death" at Mar-a-Lago.
Steven Cheung, Trump's campaign spokesperson, responded to the prosecutors' request on Friday night by stating that the Biden administration's "Hacks and Thugs are fixated on depriving President Trump and all American voters of their First Amendment rights. The persistent efforts to silence President Trump during the presidential campaign are clear attempts to meddle in the election."
Justice Department's new approach could have significant implications
On Friday, the Justice Department requested the court to specifically limit Trump's ability to make comments about law enforcement by altering his pre-trial release conditions.
This represents a departure from the strategy employed by the special counsel's office, which sought to impose restrictions on Trump's commentary regarding his 2020 election case in the federal court of Washington, DC.
This new approach could have more significant implications and may be subject to monitoring by court probation officials as well as the Justice Department, as indicated by sources close to the case.
Prosecutors have argued to keep FBI agents' identities confidential in legal documents
In the case concerning classified documents, prosecutors have successfully argued to keep the identities of FBI agents involved in the Mar-a-Lago search confidential in recent legal documents, citing concerns over potential threats and harassment.
Since the Mar-a-Lago search nearly two years ago, the FBI and the Department of Justice have faced numerous threats, especially following instances where Trump disseminated misleading information about the actions of federal law enforcement.
For example, an individual who frequently posted on Trump's social media platform attempted an assault on the FBI's Cincinnati field office after the search.
Courts in states other than Florida have maintained gag orders preventing Trump from discussing witnesses, potential jurors, and case staff due to the threats and harassment that his remarks have incited.
Trump's public commentary remains restricted in his ongoing trial in New York, where he has been cited for contempt and fined multiple times for breaching the gag order, as well as in his pending Washington, DC election interference case awaiting federal trial.
Internet claims Donald Trump will 'be in jail'
As soon as the news went viral on the internet, users started sharing their opinions. One wrote, "Donald Donald Trump's gonna have real big problems in about 10 days maybe sooner he'll be in jail."
Donald Donald Trump's gonna have real big problems in about 10 days maybe sooner he'll be in jail
— Robert Lewis (@relewis55) May 25, 2024
Another user added, "Jack Smith has every reason to ask for gag order on Trump's "They want to kill me" stunt. Remember several of Jan 6 rioters claimed they acted on Trump's call for such action. Several pled guilty, some regretted their action, and so on."
Jack Smith has every reason to ask for gag order on Trump's "They want to kill me" stunt. Remember several of Jan 6 rioters claimed they acted on Trump's call for such action. Several pled guilty, some regretted their action, and so on.
— ForHonesty (@ForQuantex91) May 25, 2024
"Gag orders are useless because justice has no backbone, unless jail why bother," one commentator mentioned.
Gag orders are useless because 🇺🇸 justice has no backbone, unless jail why bother
— TR BYRD🇨🇦🎸 (@Burgess1R) May 25, 2024
Another person stated, "Force Trump to take it down, issue a correction, and give back the funds raised off a dangerous lie."
Force Trump to take it down, issue a correction, and give back the funds raised off a dangerous lie.
— Ken Cox (@kencoxca on Threads.net) 🇨🇦 (@KenCox) May 25, 2024
This article contains remarks made on the Internet by individual people and organizations. MEAWW cannot confirm them independently and does not support claims or opinions being made online.