On Monday, lawyers for Donald Trump requested a federal judge to dismiss prosecutors’ call for a gag order that would restrict what the former U.S. president can say about law enforcement officers involved in his case regarding the mishandling of sensitive documents.
Trump’s legal team also urged U.S. District Judge Aileen Cannon in Fort Pierce, Florida, to impose sanctions and consider civil contempt findings against “all government attorneys who participated in the decision to file the motion.”
In this particular case, one of four criminal prosecutions against Trump, prosecutors have charged him with 40 counts related to the illegal retention of sensitive national security documents after leaving office. Trump has claimed his right to retain these documents.
On Friday, prosecutors asked Judge Cannon to review Trump’s bail conditions and issue an order to stop him from making statements that could endanger law enforcement.
Special Counsel Jack Smith argued that this request was necessary due to several “intentionally false and inflammatory statements” Trump made recently about the FBI search of his Mar-a-Lago golf resort in Florida in August 2022.
Trump, who is the Republican challenger to Democratic President Joe Biden in the upcoming Nov. 5 election, has falsely alleged in fundraising messages that the FBI was authorized to attempt an assassination.
Smith contended that Trump’s false claims have jeopardized the safety of law enforcement officers and that limiting such statements does not impede legitimate free speech.
In Monday’s filing to reject the gag order, Trump’s lawyers, Todd Blanche and Christopher Kise, accused prosecutors of “bad-faith behavior” for rushing to file the request on a Friday night before a holiday weekend and not allowing the defense sufficient time to discuss it beforehand, which they claimed violated local court rules.
The defense team argued that this violation warrants sanctions against the prosecutors, potentially including covering expenses incurred due to the filing.
Furthermore, the defense argued that the prosecutors’ request for a gag order unfairly restricts Trump’s free speech rights during the election campaign.
There is no indication yet from the court file on when Judge Cannon will rule on the motions from either side.
Trump’s criminal trial in New York, related to charges of falsifying business records to cover up a hush-money payment to porn star Stormy Daniels before the 2016 election, is set to resume on Tuesday with closing arguments.
Additionally, Trump faces charges in Washington and Georgia related to attempts to overturn his 2020 election loss to Biden.
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