Recent findings have shown that a gag order request may have unseen consequences for a judge. The gag order request was issued against trump during his classified documents trial.
On Friday, May 24, 2024, Special Counsel Jack Smith requested for a gag order from Judge Aileen Cannon. Cannon is the judge presiding over the former president’s classified documents trial. Smith filed it to prevent Trump from making further statements against law enforcement.
In August 2022, the FBI raided Trump’s resort, which also doubles as his home. Consequently, Trump claimed that the agency intended to kill him. This is not the first time Trump has made claims against government agencies. Earlier in May, Judge Merchan issued a similar order on Trump during his hush money trial.
In June 2023, Smith filed litigation against Trump, alleging that the former president had kept confidential documents after leaving the White House. The documents contain information relating to national defense which includes the country’s nuclear program. Governmental plans concerning a nuclear attack are alleged to be detailed in the document. They also charged him with frustrating recovery efforts.
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Smith and his legal team allege that Trump took classified documents from the White House in 2021 and refused requests to return them. However, the Republican presidential candidate has denied the allegations.
Between May 17 and 23, 2024, an email was sent to several Republican supporters by Trump campaign details. The email alleged that the FBI agents, with an order to shoot, raided the resort and were eager to carry out the orders. On Truth Social, Trump made the same allegation as in the mail.
Smith urged Cannon to issue an order that prevents Trump from speaking against the agency and its personnel. He cited that Trump’s state encourages certain risks for law enforcement agents. However, several critics are concerned that Smith is luring Cannon into a trap.
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They have suggested that Smith is hoping that Judge Cannon rejects the filings, which will ensure her easy removal from the case. Cannon has long been the subject of criticism regarding judgments that appeared to benefit Trump.
Many see this trial as a chance for Cannon to change her perceived image. However, Smith is skeptical about her, fearing she might favor Trump in the trial.
Earlier in May 2024, Cannon postponed the start of the trial as unresolved legal issues about the case came up. According to senior editor Roger Parloff of national security analyst Lawfare, the move aims to draw attention to Judge Cannon’s prejudice and duplicity in the event that she does not act.
Former FBI General Counsel Andrew Weissmann praised Smith’s strategy to bypass Judge Cannon’s potential bias by avoiding the gag order and appealing to the 11th Circuit. Legal commentator Allison Gill questioned if Cannon’s denial of the motion would prompt an appeal to the 11th circuit for revised release conditions.
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In an interview on Friday, May 24, 2024, George Conway, a Trump critic, highlighted Cannon’s bias in the motion. Conway is the ex-husband of Kellyanne Conway, who was a former senior adviser to Trump.
Trump campaign communications director Steven Cheung claims the motion was Biden’s way of limiting Trump’s First Amendment rights. Something Cheung claims extends to all American voters.
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