Judge in Documents Case Considers Trump Gag Order Request – EVOL

Judge Aileen Cannon heard arguments on gag order request and whether the funding of special counsel Jack Smith’s position is constitutional.

U.S. District Court Judge Aileen Cannon held two hearings in former President Donald Trump’s classified documents case on June 24, with arguments on special counsel Jack Smith’s appointment and a request to modify the conditions of release for the former president.

The modified conditions, effectively a gag order, may rely on a close reading of former President Trump’s social media statements. The arguments focused not on First Amendment issues, as previous gag orders have, but a standard of “safety.”

Attorney David Harbach, arguing for the prosecution, relied on the Bail Reform Act, which outlines conditions of release. Former President Trump was released subject to conditions including “the least restrictive further condition, or combination of conditions that such judicial officer determines will reasonably assure the appearance of the person as required and the safety of any other person and the community.”

Concerned with the safety of FBI agents who may be witnesses at trial, and the law enforcement community in general, Mr. Harbach argued this takes the requested order “out of the land of the First Amendment.”

The statements in question are social

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