Jack Smith appears to be playing dirty politics.
Special Counsel Jack Smith’s request for a gag order against former President Donald Trump is seen by analysts as a strategic move to challenge Judge Aileen Cannon. On Friday, Smith filed a motion requesting that Cannon, who is presiding over Trump’s case regarding classified documents, prohibit Trump from making public statements about law enforcement. This comes after Trump insinuated that the FBI intended to assassinate him during their search of his Mar-a-Lago estate in August 2022.
In June 2023, Trump faced charges for retaining national defense information, including U.S. nuclear secrets and military plans, and for obstructing efforts to recover these documents. Prosecutors, led by Smith, claim Trump took the documents after leaving office in 2021 and resisted numerous federal requests to return them. Trump, who is the leading candidate for the Republican presidential nomination, denies any wrongdoing.
Recently, Trump’s campaign sent an email to supporters alleging that FBI agents were “authorized to shoot” Trump and were eager to harm him during the raid. Trump echoed these accusations on his social media platform, Truth Social.
Smith’s filing argues that a gag order is necessary due to the “unacceptable risk” Trump’s statements pose to law enforcement agents involved in the case. Analysts suggest that Smith’s motion may be designed to provoke Cannon into denying the request, potentially exposing her bias and facilitating her removal from the case.
Cannon has faced criticism and calls to recuse herself due to several decisions perceived as favorable to Trump. Earlier this month, she indefinitely postponed the trial while other legal disputes were resolved. Roger Parloff, a senior editor at Lawfare, told Raw Story that the motion highlights Cannon’s potential bias if she fails to act. He pointed out that the motion references Cannon’s previous orders, emphasizing her obligation to maintain the integrity of judicial proceedings.
Andrew Weissmann, former FBI General Counsel, commented that Smith’s motion is a “smart move,” predicting Cannon would likely deny the gag order, showcasing her bias and giving Smith grounds to appeal to the 11th Circuit.
Legal commentator Allison Gill speculated on her blog “Mueller, She Wrote” that if Cannon denies the motion, it might prompt an appeal to the 11th Circuit to modify Trump’s release conditions.
During a CNN interview, George Conway, a vocal Trump critic, stated that the motion puts Cannon in a difficult position, highlighting her bias. He suggested that if Cannon does not act, it could lead the special counsel to seek her removal through the 11th Circuit.
In response, Trump campaign communications director Steven Cheung told Newsweek that the motion is evidence of an attempt by “Crooked Joe Biden and his Hacks and Thugs” to suppress Trump’s First Amendment rights. He described the motion as a desperate effort by Democrats to interfere in the election.