CNN
—
Prosecutors from the Office of Special Counsel on Friday asked a federal court in Florida to issue a gag order restricting Donald Trump’s ability to comment on the police investigation into his Mar-a-Lago resort.
The request, the first in a case involving the mishandling of classified documents, comes after the former president repeatedly and misleadingly criticized the FBI for its use of lethal force policy during an August 2022 search and seizure of government records at his vacation home.
Trump has told supporters that the policy may have put him in danger, but it is standard procedure for FBI investigations and limits how agents can use force in their operations. The same standard FBI policy was used in searches of President Joe Biden’s home and office in a separate investigation into classified documents.
Prosecutors for Special Counsel Jack Smith wrote in a filing Friday night to Judge Eileen Cannon that the conditions that would allow Trump to not remain in jail to await trial should be updated.
The request puts Judge Cannon at the center of a tense political battle to grapple with President Trump’s ongoing presidential campaign and the First Amendment. At the same time, prosecutors have raised concerns about her about the cases she oversees. The judge has so far moved slowly to resolve the issues in Trump’s criminal misconduct and obstruction of justice case, with no trial date set.
Prosecutors say the gag order is necessary to protect the integrity of the criminal case and the law enforcement officers involved. They wrote that the former president’s inflammatory comments could cause his supporters to retaliate against federal authorities, some of whom may become witnesses in the case.
“Mr. Trump’s repeated and false claims that Trump tried to kill himself, his family, and Secret Service agents endangered the law enforcement officers investigating and prosecuting this case and undermined the integrity of this process,” the prosecutors wrote.
He added that his recent comments “will invite the kind of intimidation and harassment that has occurred when other participants in the legal proceedings against Mr. Trump have been the target of his abuse.”
The policy on use of lethal force was included among several pages of documents outlining procedures and policies for the FBI’s investigation of Mar-a-Lago that were unsealed in Trump’s case in federal court this week. The documents also stipulate that agents will wear discreet business casual attire and state that if Trump arrives at Mar-a-Lago during a search, on-site leadership will speak to Trump and his Secret Service counterparts.
Prosecutors said Trump’s lawyers have told them they oppose restricting Trump’s right to comment about law enforcement agencies involved in the investigation and also oppose the special counsel’s office addressing recent comments Trump made in court late Friday over the Memorial Day weekend.
“They do not believe there is an imminent danger and have requested to meet and discuss the matter next Monday,” prosecutors added in the filing.
Trump’s legal team is preparing to argue in court over the weekend, a person familiar with Trump’s position told CNN.
Prosecutors noted that Trump on Friday used his Truth Social account to amplify his criticism of the FBI in the investigation.
The Trump campaign sent out a fundraising email on Tuesday claiming that FBI agents were “prepared” and that Trump “nearly escaped death” at Mar-a-Lago.
Trump campaign spokesman Steven Chung responded to the prosecutors’ request on Friday night, saying the Biden administration “is determined to deprive President Trump and voters across America of their First Amendment rights. Their repeated attempts to silence President Trump during the presidential campaign are a blatant attempt to interfere in our election.”
The Justice Department’s request filed with the court on Friday specifically asks Judge Cannon to restrict Trump’s right to comment about law enforcement by changing the terms of his pretrial release.
That’s a different approach from the special counsel’s office’s attempt to seek limits on what Trump can say about the 2020 election litigation in federal court in Washington, D.C.
The case could have broader implications and could be overseen by the court’s probation authority in addition to the Justice Department, according to people familiar with the matter.
Attorney General Merrick Garland on Thursday addressed Trump’s claims about the FBI raids at Mar-a-Lago in a direct rebuttal to Trump. “The claims are false and extremely dangerous. The documents referenced in the claims are standard Department of Justice policy limiting the use of force,” Garland said.
“As advised by the FBI, this is part of the standard operating plan for searches,” Garland said, “and in fact was used in the consensual search of President Biden’s home.”
The FBI echoed that in its own statement this week, signaling the concern Trump’s comments have caused within federal law enforcement.
Previously, prosecutors in Trump’s classified documents case successfully asked a judge to blackout the names of FBI agents who searched Mar-a-Lago from recent court documents, citing fears of intimidation and harassment.
The FBI and Department of Justice have dealt with a significant number of threats since the Mar-a-Lago raid nearly two years ago, particularly after Trump spread false information about federal law enforcement efforts. For example, a man who frequently posted on Trump’s social media platforms attempted to attack the FBI’s Cincinnati office after the raid.
Courts outside Florida have upheld gag orders barring Trump from speaking about witnesses, potential jurors or staff working on his case, citing intimidation or harassment his comments have caused.
Trump has been fined 10 times for contempt for violating a gag order in an ongoing trial in New York, and his ability to comment publicly remains restricted in his election interference case awaiting trial in federal court in Washington, DC.
This story has been updated with additional reports.
