Judge Cannon sets deadline for Trump to oppose Smith’s gag order

by | Jun 3, 2024

Judge Cannon, in a Sunday order for Trump’s Mar-a-Lago case, set a mid-June deadline for President Trump to respond to Jack Smith’s request for a gag order.

Special Counsel Jack Smith argues that the gag order is essential to protect law enforcement. Judge Cannon mandated that Trump's legal team submit their response by June 14 regarding Smith’s motion to modify Trump’s bond conditions.

The special counsel initially brought up the issue on the Friday night of Memorial Day weekend, citing Trump’s Truth Social posts alleging that the DOJ authorized “deadly (lethal) force” during the Mar-a-Lago search. Smith contends that these posts constitute a “dangerous campaign to smear law enforcement” and could endanger potential federal witnesses.

After Trump's defense lawyers complained that the special counsel hurriedly filed the motion with minimal effort on that Friday evening, Judge Aileen Cannon agreed that Jack Smith had not engaged with the defense in a “meaningful” way, before reprimanding the prosecution.

“The Court finds the Special Counsel’s pro forma ‘conferral’ to be wholly lacking in substance and professional courtesy. It should go without saying that meaningful conferral is not a perfunctory exercise. Sufficient time needs to be afforded to permit reasonable evaluation of the requested relief by opposing counsel and to allow for adequate follow-up discussion as necessary about the specific factual and legal basis underlying the motion,” Cannon wrote

The judge then dismissed both Smith's motion and a Trump motion requesting civil contempt findings and sanctions. However, these dismissals were without prejudice, indicating that the issue would likely resurface.

Last Friday, Smith renewed his attempt to modify Trump's bond conditions, stating that both parties had “conferred in a good-faith effort to resolve the issues raised in the motion, but were unable to do so.”

The filing explained that President Trump opposes the motion, arguing that it constitutes a blatant violation of his First Amendment rights and those of the American people. The defense also claims that the gag order would effectively enable Trump's political opponent to control his campaign communications to voters nationwide, according to the filing.

According to the Sunday order setting deadlines for both Trump and the prosecution, Smith's renewed filing did not seem to violate Judge Cannon’s rules.

Trump is required to submit his opposition by June 14, and Smith must reply in support by June 21, as indicated by the court docket.

 

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