Federal Judge Rejects Gag Order Against Trump

A federal judge denied a request to impose a gag order on Donald Trump, who made inflammatory comments about the FBI. Special Counsel Jack Smith warned that Trump's remarks could provoke threats against the FBI. Trump's defense argued that the request lacked sufficient notice and courtesy.

A federal judge on Tuesday refused a request by prosecutors to impose a gag order barring Donald Trump from making inflammatory comments about law enforcement, after Trump's campaign falsely claimed the FBI was authorized to assassinate him during its search of his Florida estate. Special Counsel Jack Smith previously asked U.S. District Judge Aileen Cannon to modify the Republican presidential candidate's conditions of release, saying his "false and inflammatory" comments about the FBI could subject the bureau and trial witnesses to "threats, violence and harassment."

Trump opposed Smith's request and his lawyers requested sanctions against the prosecutors, arguing they engaged in "bad faith behavior" by rushing to file the request on a Friday night before a holiday weekend and of failing to give the defense team sufficient notice to discuss the matter. "The court finds the Special Counsel's pro forma 'conferral' to be wholly lacking in substance and professional courtesy," wrote Cannon, who was appointed by Trump in 2020.

"It should go without saying that meaningful conferral is not a perfunctory exercise."