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Judge Aileen Cannon had denied special counsel Jack Smith’s request for a gag order on former President Donald Trump. Smith filed his request on Friday at the start of a three-day holiday weekend, Trump’s lawyers argued the “bad faith behavior” of Smith who did not give them sufficient not to discuss the matter.
Cannon agreed, she wrote in her ruling Smith’s action was, “wholly lacking in substance and professional courtesy.”
Our conjecture is that it seems Smith tried to sneak in the request without conferring with Trump’s defense counsel, appearing to think he was in New York.
Trump’s defense team had sought sanction against Smith as a result of his filing. Those sanctions were also denied at the current time. Cannon warned Smith that she would enact the sanctions if he failed to follow local court rules which require “meaningful, timely, and professional conferral.”
Smith’s requests for the gag order came after an email that was sent out claimed the FBI agents who raided Mar a Lago were authorized to shoot the former President. U.S. Attorney General Merrick Garland called the claim “false” and “extremely dangerous.”
An FBI drafted a policy statement given before the raid was made public last week the statement authorized law enforcement to use deadly force only if an officer or another person was under immediate threat. When the raid was executed Trump was not at Mar a Lago.
Cannon wrote in her decision, “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.”
This is another blow to Smith’s case as he appeared hopeful he would be able to silence the 45th and possibly 47th President of the United States.