Jack Smith’s plan to impose a gag order on Trump in his secret documents case backfired.
After it was revealed that Biden’s Justice Department authorized the use of deadly force during the Mar-a-Lago raid, Judge Erin Cannon not only denied Jack Smith’s request to restrain Trump from criticizing law enforcement, but also threatened that if his Prosecutors who continue to violate the law will be subject to sanctions.
Late Friday night, Jack Smith sought a gag order barring Trump from criticizing Biden’s rogue DOJ/FBI.
The names of the armed FBI agents involved in the Mar-a-Lago raid have been redacted, but Jack Smith still tried to illegally silence Trump.
“The government took action to modify defendant Donald J. Trump’s conditions of release to clarify that he shall not make statements that would pose a substantial, imminent, and foreseeable danger to law enforcement officers involved in the investigation and prosecution of this case.” Submitted by Jack Smith on Friday evening the motion states.
“The government’s request is necessary because Trump has recently made several intentionally false and inflammatory statements that misrepresented the FBI’s planning and execution of the Mar-a-Lago search warrant,” Smith wrote.
On Tuesday, Cannon responded to Jack Smith’s order and warned that sanctions could be the next step if he continues to violate the rules.
At 5:30 pm on Friday, Jack Smith’s prosecutors sent an email to Trump’s attorney, Todd Branch, informing him that the special counsel would file a motion to modify the conditions of Trump’s release to prohibit His comments about law enforcement come after the Justice Department disclosed statements about law enforcement.
A last-minute email sent by Jack Smith’s prosecutor to Branch violated a requirement for “meeting and negotiation,” in which attorneys try to resolve issues before getting a judge involved.
“We are assuming you will oppose the motion and would like an opportunity to respond. Can you please confirm? We plan to file the motion later tonight,” said Jay Bratt, attorney for Jack Smith. wrote at 5:30 pm ET on Friday, heading into the Memorial Day holiday weekend.
Jack Smith’s office breached meeting and consultation requirements. On the non-legal side, the M&C is where lawyers try to resolve issues over the phone before crying to the judge. This is not optional.
Everyone else will be sanctioned.
Jack Smith must be disbarred. https://t.co/D2y5qpdGYU
— Cernovich (@Cernovich) May 28, 2024
Todd Blanche blasted Jay Bratt 10 minutes later.
Todd Branch wrote: “Jay, we strongly object to an email being sent at 5:30 pm on Memorial Day weekend asking for our position on a very serious motion with a First Amendment. The impact of the case and the conditions of President Trump’s release.
Branch warned Jay Bratt that he violated the “meet and negotiate” rule.
“The email sent at 5:30 p.m. on the Friday before Memorial Day was not a meeting and consultation in any sense of the word, and certainly not what the local rules and Judge Cannon ordered us to do. As you know, nothing related to this investigation and the The names of law enforcement officials involved in the prosecution of this case have been redacted from all public documents. As you are well aware, there cannot be a real and imminent danger,” Todd Branch wrote Monday afternoon before proposing the meeting and negotiations.
Branch, of course, is also representing President Trump in the New York case — which will be concluded today.
Branch reminded Blatt that Judge Cannon had warned both parties to follow the rules.
As I also noted, Cannon ordered that the names of officials be redacted in all documents. pic.twitter.com/vII8LBwpX0
— Julie Kelly (@julie_kelly2) May 28, 2024
An hour later, Jay Blatt responded with a snobbish email, claiming there was no point in having the meeting because it would be a “futile exercise that would do nothing to mitigate the danger posed by the client.”
Now read this in your most power-hungry little voice so it makes sense.
Brat cited Trump’s opposition to gag orders in New York and Washington as a reason not to bother negotiating (something Cannon also addressed today)
In fact, I’m surprised Cannon didn’t sanction Brat for his willful brazenness… pic.twitter.com/DHdJpcN7yF
— Julie Kelly (@julie_kelly2) May 28, 2024
Todd Blanche censured Jack Smith’s prosecutor, David Harbach, who placed the motion on the docket Friday at 8 p.m.
“There are rules. You violated them. I appreciate the attempted explanation, but it doesn’t appease us in any way,” Todd Branch wrote.
This email from Todd Branch (Trump) to David Halbach (special counsel) confirms the purpose of the emergency gag order motion.
Dominating the weekend news cycle and reducing coverage of the FBI’s use of lethal force policy on MAL raids.
So, Smith’s 8pm record… pic.twitter.com/6IS9ImY7o8
— Julie Kelly (@julie_kelly2) May 28, 2024
Judge Cannon denied Jack Smith’s motion seeking a gag order and issued a warning to his prosecutors.
“Any future non-emergency motions filed in this case, whether regarding conditions of release or any other issue, should not be filed without meaningful, timely and professional authority,” Cannon wrote.
“Failure to comply with these requirements may result in sanctions,” Cannon wrote.
