President Trump’s legal team is seeking sanctions against special counsel Jack Smith in response to a motion that aims to restrict Trump's statements about law enforcement agents.
On Monday, Trump's lawyers submitted a motion to Judge Cannon, requesting that she strike down Smith’s motion, hold all government attorneys involved in civil contempt, and impose sanctions after an evidentiary hearing. The legal team claims Smith’s office failed to follow required procedures.
Last Friday, federal prosecutors asked Judge Cannon to modify the conditions of Trump’s release, seeking to bar him from making public comments that ‘might pose an imminent danger to law enforcement officers.’ Trump's legal team argues that this request amounts to an unconstitutional gag order clearly based on vague and unsupported claims about threats to the agents, whose identities have been redacted from public documents.
The special counsel’s office filed their motion following a statement from Trump last week, in which he alleged that FBI agents who searched his home in August 2022 were “authorized to shoot me” and were “locked & loaded ready to take me out & put my family in danger.” During the search, the FBI claims to have adhered to a standard use-of-force policy, which only permits deadly force if an officer reasonably believes there is an immediate threat of harm.
Prosecutors from Smith’s team stated that their request was necessary due to several intentionally false and inflammatory remarks made by Trump, which misrepresented the conditions under which the FBI executed the search warrant at Mar-a-Lago. They argued that restricting Trump's statements is essential to protect the safety of law enforcement personnel.
Trump's legal team described Smith’s motion as “unprecedented” and based on “unsupported assertions about threats to law enforcement personnel.”
Prosecutors from Jack Smith's team argued that restricting Trump's public statements is essential due to several intentionally false and inflammatory remarks made by Trump that misrepresent the conditions under which the FBI planned and executed the search warrant at Mar-a-Lago. They believe these distortions could pose a significant and imminent danger to law enforcement agents.
In response, Trump's legal team filed a motion stating that Smith’s request is based on unsupported assertions about threats to law enforcement personnel, whose names have already been redacted from public filings. Trump's lawyers described the petition as “unprecedented.”
Trump’s lawyer’s also had concerns with the timing of the special counsel’s request. The motion was filed Friday evening, just ahead of Memorial Day weekend. Trump’s team responded within 10 minutes.
“We noted the suspicious timing of the communication,” the filing states. Trump’s legal team stated they offered to meet on Monday evening to discuss the matter, but the special counsel dismissed the idea, calling a conferral a “fruitless exercise.”
Trump’s lawyers outlined additional concerns with timing involving Trump’s hush money trial in New York, something the special counsel was aware of.
“Under no circumstances can an email exchange initiated at 5:30 p.m. on a Friday evening constitute the type of conferral required by Local Rule 88.9,” Trump’s team said. “For President Trump, the fact that the Special Counsel’s Office initiated the exchange on the Friday preceding a holiday weekend is less important than the fact that the Office—well aware of the proceedings in People v. Trump— took these steps when President Trump’s defense summation is scheduled to begin on the morning of May 28.”
Trump’s team additionally claimed that Smith’s team has shown a “disregard of procedural rules,” including the timing of their request. They also accused some prosecutors on the special counsel's team of “pandering to the media in public filings.”
In their motion, Trump’s lawyers requested that Judge Cannon hold a hearing to examine Smith’s “motives and purpose” behind making the request at that specific time.
