The federal judge overseeing the classified documents case against former President Donald Trump has denied the prosecutor’s request for a gag order.
U.S. District Court Judge Aileen Cannon said that Justice Department special counsel Jack Smith’s request was “wholly lacking in substance and professional courtesy," chiding prosecutors for not conferring with the defense on such a request.
"It should go without saying that meaningful conferral is not a perfunctory exercise," Judge Cannon, who was appointed to the federal bench by Trump, wrote.
Special counsel Jack Smith had made the request to forbid Trump from making public comments that could endanger federal agents working on the case.
Smith requested the gag order on Friday, citing Trump’s misleading social media posts that falsely claimed the Federal Bureau of Investigation was authorized to kill him during their search of his Mar-a-Lago residence in August 2022.
The prosecutor said that Trump's claims about federal agents were "intentionally false and inflammatory" and expressed concern that the ex-president's rhetoric could "expose those agents, some of whom will be witnesses at trial, to the risk of threats, violence."
But Trump's attorneys urged Cannon to reject the request and sanction the prosecutors for contempt, charging that such an order would represent an "extraordinary, unprecedented, and unconstitutional censorship application" against the former president and presumptive Republican nominee.
Trump pleaded not guilty last year to dozens of felony charges in the case, which accuses him of willfully retaining classified documents and hampering the federal government's efforts to retrieve them. The ex-president has decried the entire case as politically motivated.