Prosecutors Request Gag Order on Trump's Public Statements Regarding FBI Agents
In a federal court filing submitted on Friday, prosecutors urged Judge Aileen Cannon to impose a restriction on former President Donald Trump's public statements that could pose a significant, imminent, and foreseeable threat to law enforcement personnel involved in the ongoing classified documents case against him.
This request stems from unsubstantiated claims made by Trump earlier in the week, in which he falsely asserted that FBI agents conducting a search of his Mar-a-Lago residence in August 2022 were authorized to shoot him and intended to harm him and his family. Trump's comments sparked outrage and concern, as they were based on a court document that merely outlined standard FBI policy regarding the use of deadly force during searches. This policy is designed to minimize the use of force during such operations and explicitly prohibits deadly force unless the officer conducting the search reasonably believes there is an imminent risk of death or serious injury to themselves or others.
Prosecutors emphasized that the search of Mar-a-Lago was intentionally scheduled during Trump's absence and was coordinated with the Secret Service, and no force was employed. However, they expressed concern that Trump's false allegations, widely disseminated through various channels, have put law enforcement officers involved in the investigation and prosecution at risk of threats, violence, and harassment. They further argued that Trump's repeated mischaracterization of the events has compromised the integrity of the proceedings.
The prosecutors asserted that a restriction prohibiting similar statements in the future would not infringe upon Trump's legitimate speech rights, as it is necessary to safeguard the safety of law enforcement personnel and ensure the impartiality of the judicial process. Defense attorneys have reportedly objected to the government's motion. Attorney General Merrick Garland previously denounced Trump's claims as extremely dangerous, noting that the document cited by Trump is a standard policy that was also used in the consensual search of President Joe Biden's home.
Trump is facing numerous felony charges related to the alleged unlawful possession of classified documents at his Mar-a-Lago estate after leaving the White House in 2021, as well as obstruction of the FBI's efforts to retrieve them. He has entered a plea of not guilty and denies any wrongdoing. This is one of four criminal cases currently pending against Trump, who is considering running for president again in 2024. However, with the exception of an ongoing hush money prosecution in New York, it is uncertain whether any of the other cases will proceed to trial before the upcoming election.
Trump has previously faced speech restrictions in two other cases due to inflammatory comments deemed threatening to the integrity of the proceedings. In the New York case, he has been fined and threatened with jail time for violating a gag order that prohibits him from making public statements about witnesses, jurors, and others connected to the matter. Additionally, he is subject to a gag order in his federal criminal election interference case in Washington, which limits his speech regarding witnesses, attorneys, and court staff, although an appeals court has allowed him to comment on special counsel Jack Smith, who brought the case.
