Trump Judge Sends Jack Smith Packing

Biden and Jack Smith aren’t getting their way and now they are throwing a fit.

On Tuesday, Judge Aileen Cannon criticized special counsel Jack Smith’s team for not sufficiently engaging with former President Trump’s legal representatives regarding a motion to restrict Trump’s speech in the classified documents case. This issue arose after Trump suggested that law enforcement had the authority to assassinate him.

Judge Cannon also rejected a motion from Trump’s legal team that sought to reprimand the prosecutors over this matter.

Smith’s team had submitted a motion late on Friday, requesting Judge Cannon to clarify that Trump’s false statements violated his existing release conditions. Trump had asserted that President Biden and the Justice Department were empowered to “take me out” during the search for documents at Mar-a-Lago.

Both prosecuting and defense teams are required to confer before filing motions. However, Smith’s team did not reach out to Trump’s attorneys until 5:30 p.m. before the Memorial Day weekend.

“The Court found Jack Smith’s pro forma ‘conferral’ to be lacking in substance and professional courtesy,” Judge Cannon wrote. She emphasized that meaningful conferral should not be a mere formality but should allow adequate time for opposing counsel to evaluate and discuss the requested relief.

Smith’s team had asked the court to confirm that Trump “may not make statements that pose a significant, imminent, and foreseeable danger to law enforcement agents” involved in the case. Trump had claimed in a fundraising email that the “DOJ was authorized to shoot me,” distorting the language of documents prepared before the search of his home, which allowed the use of deadly force only if agents faced “imminent danger of death or serious physical injury.”

In response, Trump’s legal team accused prosecutors of not complying with earlier court orders from Judge Cannon, presenting emails that showcased the dispute between both sides.

“There are rules. You guys violated them,” Trump attorney Todd Blanche wrote in the email exchange.

Legal procedures encourage parties to confer before filing motions to potentially resolve issues without involving the judge. Initially, top prosecutor Jay Bratt had assumed Trump’s attorneys would oppose the motion. When Trump attorney Todd Blanche objected, he requested a meeting on Monday, arguing that a 5:30 p.m. email before Memorial Day did not constitute proper conferral.

Prosecutors countered that Trump’s comments posed a risk to law enforcement officers expected to testify if the case went to trial. Judge Cannon has yet to set a trial date, citing the need to address pretrial motions first.

Bratt declined the Monday meeting, citing the imminent risk posed by Trump’s comments, which Trump had reposted on Truth Social.

Judge Cannon’s order might not be the final say on the matter. She directed both parties to provide more precise details about their discussions, avoiding editorial comments and including “no more than 200 words verbatim from the opposing side.” She warned that failure to comply with these requirements could result in sanctions.