24 Republican state attorneys general united to file an amicus brief in President Trump's classified documents case, which urged a Florida court to reject special counsel Jack Smith's request for a gag order, describing the request as “presumptively unconstitutional.”
Judge Cannon promptly denied the request with a paperless order, providing no explanation.
The amicus brief, spearheaded by Iowa Attorney General Brenna Bird and backed by attorneys general from 23 other states, contended that the judiciary should be particularly wary of limiting political speech, especially speech related to a presidential election. The brief asserted that such a restriction would prevent Trump, the presumptive Republican nominee, from voicing his criticisms of the prosecution and the trial process.
Bird's coalition includes attorneys general from Florida, West Virginia, Alabama, Alaska, Arkansas, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming. They noted that the prosecution is under the control of Biden’s administration, who is Trump's political opponent.
On May 24, Smith sought to modify Trump's bond conditions, arguing for a gag order. He contended that recent statements from Trump had given a “grossly misleading impression” of federal law enforcement's actions and intentions. However, this motion was also dismissed by Judge Cannon.
Despite the dismissal, Smith renewed his push for the gag order. Judge Cannon has not yet ruled on this renewed request but has set a response deadline for Trump's legal team, which was June 14. Last Friday, Trump's lawyers argued that the gag order would unjustly restrict Trump's campaign speech as the first presidential debate of the election cycle looms.
Judge Cannon has scheduled a hearing for June 21 to address oral arguments from nonparties on the constitutionality of Smith’s appointment to the case.
