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NEW: Jack Smith files new request to stop Trump from speaking about FBI 'deadly force' provision during Mar-A-Lago raid

Smith requested the judge prohibit Trump from speaking about the infamous raid of his Mar-A-Lago residence in West Palm Beach.

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Smith requested the judge prohibit Trump from speaking about the infamous raid of his Mar-A-Lago residence in West Palm Beach.

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Katie Daviscourt Seattle WA
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Special Counsel Jack Smith filed another motion to obtain a gag order against former President Donald Trump in his seized Mar-A-Lago classified documents case. This comes after it was revealed that the warrant secured for the FBI raid on the estate included a provision that deadly force would not be authorized unless necessary. 

Unsealed documents from the case revealed that the FBI was authorized to use deadly force if needed when it raided the former president's home. "The Order contained a 'Policy Statement' regarding 'Use Of Deadly Force,' which stated, for example, 'Law enforcement officers of the Department of Justice may use deadly force when necessary...'." the document said. 

The new motion was filed in the US District Court of Southern Florida on Friday. Smith requested the judge prohibit Trump from speaking about the raid of his Mar-A-Lago residence in West Palm Beach, claiming that the former president's rhetoric poses a danger to law enforcement personnel who were assigned to the case. 

Smith filed a similar motion last week but was vehemently denied by DC District Court Judge Cannon, who is overseeing the case. 

"The Government moves to modify defendant Donald J. Trump's conditions of release, to make clear that he may not make statements that pose a significant, imminent, and foreseeable danger to law enforcement agents participating in the investigation and prosecution of this case," the second motion read. 

"Those statements create a grossly misleading impression about the intentions and conduct of federal law enforcement agents-falsely suggesting that they were complicit in a plot to assassinate him and expose those agents, some of whom will be witnesses at trial, to the risk of threats, violence, and harassment," the second filing continued. 

Special Counsel Smith included a post in the second motion that Trump made on Truth Social the day after Smith had filed the first motion to gag him on May 24. Trump posted a photo of President Biden along with the caption, "Biden's DOJ authorized use of deadly force against President Trump in Mar-A-Lago raid." 

DC Judge Cannon denied Smith's last motion on grounds that he violated court rules after he failed to confer with the defense team about the motion, which is a condition of the court. Cannon warned Smith that if he violated court rules again, he would be sanctioned. Furthermore, Judge Cannon said Smith's motion raised "substantive and/or constitutional questions” and was "wholly lacking in substance and professional courtesy."   

Jay Bratt, a Smith staffer who works as a chief in the Justice Department's national security division, conferred with Trump's defense team this time around. 

Bratt wrote in the certificate of conference on May 29 that the Government attempted to "resolve the issues" in the motion with Trump's defense team but were unable to do so. 

He included a statement from Trump's defense team in the certificate, which read: "President Trump opposes the motion." 

"On the merits, President Trump's position is that the requested modification is a blatant violation of the First Amendment rights of President Trump and the American people, which would in effect allow President Trump's political opponent to regulate his campaign communications to voters across the country." 





 
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