The GOP AGs argue that the former president often uses constitutionally-protected âcolorful rhetoricâ and is a leading presidential candidate.
Two-dozen attorneys general filed a motion that opposes special counsel Jack Smithâs request for a gag order in former President Donald Trumpâs classified records case.
A prior gag order request from the special counselâs team was rejected by U.S. District Judge Aileen Cannon on procedural grounds, but prosecutors submitted a new request days later. The former presidentâs attorneys over the past weekend filed a motion arguing that the latest request should be dismissed, too, on grounds that it would violate his constitutional rights.
The attorneys general argued that the Smith motion should be denied because American citizens âhave an interest in hearing from major political candidates in the upcoming presidential election,â referring to the presumptive Republican presidential nominee. âWith these interests in mind, the Amici States believe that this Court should not order a restriction on President Trumpâs speech.â
âThe presidential campaign is in full swing. As Americans turn their attention to the upcoming presidential election, courts should take special care to ensure voters can judge the candidates on their own merits,â their brief added. âA prior restraint that might limit a candidateâs ability to campaign must meet exacting standards. The proposed order here would not meet those standards.â
Suggesting that former President Trumpâs comments about the FBI agents is part of his tactic of using âcolorful rhetoric to communicate his intent to fight hard for Americans,â the attorneys general stated that he âhas never threatened the law-enforcement officials involved in this case, nor has he invited others to do so.â
Jack Smithâs Argument
Last month, Mr. Smithâs team argued that President Trump made âgrossly misleadingâ and âinflammatoryâ posts on social media and his campaign website that would potentially put law enforcement officials and trial witnesses in danger. They made reference to his claims that unsealed court documents suggested FBI agents were âlocked & loadedâ during their 2022 search, referring to a boilerplate FBI use-of-force document.
The FBI told The Epoch Times that the document outlined standard policies that FBI agents can adhere to during the execution of search warrants. âNo one ordered additional steps to be taken and there was no departure from the norm in this matter,â a bureau spokesperson said at the time.
In the case, former President Trump faces 40 counts of illegally retaining classified documents after he left the White House in early 2021 and for allegedly obstructing federal officialsâ attempts to retrieve them. The 45th president and two co-defendants, Walt Nauta and Carlos de Oliveira, have pleaded not guilty.
In June, Judge Cannon indefinitely postponed the classified documents trial date. Itâs not clear when the former presidentâs trial will start or if it will begin before the November presidential election.
The judge cited a number of outstanding motions to dismiss the case as well as federal rules around how to handle large amounts of classified evidence at the center of the case as reasons to postpone the trial date.
Judge Cannon has scheduled a June 24 court hearing regarding the gag order request. She has not set a timetable on when she might rule on the matter.
On May 31, the former president was convicted on 34 felony counts of falsifying business records in a separate criminal case in New York following a roughly six-week trial. In that case, President Trumpâs attorneys in April and May made First Amendment-related arguments in multiple attempts to have a judge rescind a gag order that prohibited him from speaking about witnesses, juror members, court staff, and members of the judgeâs family.
Original News Source Link – Epoch Times
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