Special Counsel Jack Smith has submitted evidence in support of a gag order against Donald Trump in the federal classified documents case. The request comes after Trump falsely claimed that President Joe Biden ordered the FBI to use “deadly force” during a search of Mar-a-Lago for sensitive materials. Smith’s team argues that Trump’s rhetoric could endanger the lives of law enforcement officials, and has provided examples of threats against judges and court staff following Trump’s public statements.
In court filings, federal prosecutors have presented numerous pieces of evidence to support their argument for a gag order on Trump. Examples include Trump’s social media posts and threats against the FBI following his previous statements. One incident cited was an attempted attack on the FBI’s office in Ohio shortly after agents searched Mar-a-Lago for classified documents. Trump supporters, incited by the former president’s remarks, have engaged in violent acts, such as one suspect posting on Truth Social to “Kill F.B.I. on sight” and subsequently being fatally shot by police.
Smith’s team also highlighted a case where a Texas man was charged with threatening an FBI agent involved in an investigation into Hunter Biden. The man spread false claims about the 2020 Election being “stolen” from Trump while leaving a threatening voicemail for the agent. These examples demonstrate the potential danger of Trump’s public statements and their impact on his followers. The Department of Justice included instances where judges and court staff were targeted following Trump’s inflammatory comments, such as having their homes swatted and receiving threatening messages.
The evidence for the gag order on Trump arrived after Smith criticized the former president for his rhetoric and the specific threats attributed to him. Smith mentioned Trump’s recent posts insinuating that the FBI and DOJ planned to assassinate him during the search at Mar-a-Lago as particularly egregious. The Special Counsel argued that deploying knowingly false and inflammatory language in the tense environment created by Trump could lead to further violence. Trump and his legal team have pushed back against the gag order, citing concerns about violation of his First Amendment rights during his 2024 White House campaign.
Judge Aileen Cannon is overseeing the federal classified documents case and has held hearings on whether to impose a gag order on Trump. The government’s request for a partial gag order follows concerns about Trump’s public statements potentially endangering law enforcement officials. Smith’s team has compiled evidence, including social media posts and threats against the FBI, to support their argument for the imposition of a gag order. The case highlights the delicate balance between free speech rights and public safety, particularly in instances where inflammatory language could incite violence.
