In a heated hearing today, prosecutor David Harbach argued that former President Donald Trump's comments were "way out of bounds" and "nothing like speech that should be protected by the First Amendment." This came as part of the prosecution's push for a new gag order against Trump in the ongoing criminal case related to classified documents.
Judge Aileen Cannon highlighted the necessity of a factual connection between Trump's remarks and potential threats, stating, "There still needs to be a factual connection between A and B." She noted that while the statute prosecutors are citing for the gag order does not require a direct cause, it still demands a finding related to potential risks.
Harbach, emphasizing the need for safety measures, remarked that while Trump could continue his campaign, there should be "certain limits when it comes to the safety of agents on the case." He stated, "Knock yourself out," regarding Trump's campaigning, but insisted, "You don’t get to say things like that," referring to Trump's emails and posts.
The hearing concluded without a ruling from Cannon. Trump's attorney, Todd Blanche, argued that prosecutors were attempting to set a "dangerous precedent" by altering the former president's conditions of release. Blanche contended that prosecutors were too vaguely defining what constitutes a threat, making any new rules challenging to follow.
"Steve Bannon making a comment is potentially the kind of thing that could send President Trump to jail," Blanche asserted. He also criticized the special counsel's team for referring to Trump's supporters as his "followers" instead of his "voters." Blanche added, "We’ll concede that people listen to President Trump," but argued that this should not prevent him from making "completely protected political speech."
During the two-hour hearing, Judge Cannon questioned Justice Department attorney James Pearce about the funding and regulations governing past special prosecutors. At one point, she referenced Watergate and the tenure of Janet Reno as attorney general. Pearce cautioned that courts which had invalidated government functions in a similar manner were often overturned and requested to submit additional written arguments if invalidating the special counsel, Jack Smith, was seriously considered.
Trump's legal team also pushed for increased congressional oversight of the special counsel’s office, arguing that the current funding mechanisms were unauthorized by Congress. This aligns with Trump's broader strategy to delay proceedings by requesting additional hearings and oversight, as demonstrated in recent weeks.
Prosecutors argued last week that Trump's false claims about the FBI's use of deadly force during the Mar-a-Lago search could incite threats against agents. They cited instances of violence and threats from Trump supporters following his statements on social media.
Trump's attorneys have countered that the proposed gag order infringes on his First Amendment rights and claim that prosecutors have not provided recent examples of harassment stemming from his comments.
As the case progresses, the courtroom drama continues to unfold with both sides entrenched in their positions, leaving the final outcome uncertain.
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