In a recent development, Donald Trump’s attorneys have strongly criticized special counsel Jack Smith’s gag order request in the former president’s classified documents case in Florida. They have labeled it as an unconstitutional attack on the 2024 Republican candidate and accused it of being a tactic to assist Joe Biden in retaining the presidency.
Trump’s attorneys, in a new filing, stated, “In Jack Smith’s most recent shocking display of overreach and disregard for the Constitution, the Special Counsel’s Office asks the Court to enter an unconstitutional gag order as one of the release conditions on the leading candidate in the 2024 presidential election.” They reiterated their opposition to gag orders and likened this request to the one Trump is currently under in a separate case in New York, alleging that both Smith and Manhattan District Attorney Alvin Bragg aim to curtail President Trump’s campaign speech.
The crux of the issue, as per prosecutors, lies in Trump’s “false and inflammatory statements” regarding FBI agents supposedly being prepared to shoot him and his narrow escape from death during the 2022 search of Mar-a-Lago. These claims, based on the FBI’s search plan provided to the defense, have been debunked as entirely false by prosecutors. They have emphasized that Trump’s criticism of the FBI’s policy on deadly force implementation during searches is unfounded, as it is standard protocol for executing countless warrants.
Both the FBI and Attorney General Merrick Garland have confirmed the normalcy of this policy and its application during the search of President Joe Biden’s Delaware residence in a probe related to handling classified information. Additionally, Trump’s attorneys have highlighted the absence of any evidence proving threats or harassment resulting from the former president’s protected speech.
The original request for a gag order by prosecutors was dismissed by Federal Judge Aileen Cannon, who cited inadequate consultation with Trump’s legal team prior to filing the petition. Prosecutors argue that Trump’s false claims create an environment conducive to threats and harassment against law enforcement agents involved in the case, similar to past instances where individuals involved in legal proceedings against Trump have faced such consequences.
