More than 20 state attorneys general have joined forces in opposing special counsel Jack Smith’s request for a gag order on former President Donald Trump in his classified documents case.
In a legal filing made on June 16, 24 Republican state attorneys general argued that the First Amendment protects former President Trump’s “colorful language” in response to a request from special counsel Jack Smith for a gag order.
Smith’s team claimed that Trump’s allegations in May about the FBI agents involved in a search of his Mar-a-Lago residence last August could lead to threats or harassment against law enforcement officials.
Although a previous request for a gag order from special counsel Jack Smith’s team was turned down by U.S. District Judge Aileen Cannon on procedural grounds, prosecutors submitted a new request shortly afterward.
Over the weekend, former President Trump’s legal team filed a motion to dismiss the latest request, arguing that it would infringe on his constitutional rights.
The attorneys general argued that the motion from special counsel Jack Smith should be denied because U.S. citizens have an interest in hearing from major political candidates in the upcoming presidential election, referring to the presumptive Republican presidential nominee.
“With these interests in mind, the Amici States believe that this Court should not order a restriction on President Trump’s speech,” their brief states.
“The presidential campaign is in full swing. As Americans turn their attention to the upcoming presidential election, courts should take special care to ensure voters can judge the candidates on their own merits. A prior restraint that might limit a candidate’s ability to campaign must meet exacting standards. The proposed order here would not meet those standards,” they added.
Suggesting that former President Trump’s comments about the FBI agents are part of his strategy of using “colorful language to express his determination to fight hard for Americans,” the attorneys general stated that he “has never threatened the law enforcement officials involved in this case, nor has he encouraged others to do so.
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