by The federal judge overseeing the prosecution of Donald Trump for keeping classified documents expressed on Monday deep reservations about modifying the former president’s bail conditions to prevent him from making statements that could Threatening the FBI, suggesting that changing their names in filings is enough.
Trump-appointed district judge Aileen Cannon repeatedly praised David Harbach, the prosecutor arguing on behalf of the special counsel, saying at one point that she did not appreciate his tone and suggesting that he could not vent his frustrations. check, another prosecutor on the team. arguments could be made instead.
Related: Trump to ask judge to throw out lawyer’s notes in Mar-a-Lago document case
The hearing in federal district court in Fort Pierce, Florida was a particularly brutal day for prosecutors as the judge expressed doubts about the need to change Trump’s bail conditions at this point – and then questioned the strength of their evidence.
The latest controversy over Trump’s inflammatory remarks stems from his blatantly false characterization of the FBI’s deadly force policy when they executed a court-authorized search warrant at the Mar-a-Lago club in August 2022 and recovered more more than 100 classified documents.
The order, which restricts FBI agents from using deadly force unless they face grave danger and came to light after the FBI’s operation plan for the search was unsealed, used standard language used to regularly in the hundreds of warrants executed across the country.
But Trump and some allies twisted the border language to claim that the FBI was authorized by the Biden administration to shoot him when they searched Mar-a-Lago, even though Trump was not there during the search and the language is policy US justice department standard.
“Crooked DoJ Joe Biden, in his Illegal and Unconstitutional Raid on Mar-a-Lago, authorized the FBI to USE DEADLY (lethal) FORCE. NOW WE CONSIDER SURE THAT JOE BIDEN IS A DANGER TO DEMOCRACY. He is mentally incompetent to hold office — 25th amendment!” Trump wrote in a social media post last month.
The post raised hackles within the special counsel’s office, and prosecutors last month asked Cannon to review Trump’s bail conditions to prohibit him from making public comments “that pose a significant, immediate and foreseeable to law enforcement agents participating in the investigation”.
The request — the first time prosecutors have sought to limit Trump’s public comments in this case — was significant because it would raise the stakes for Trump dramatically. Unlike his other cases where prosecutors have sought gag orders, violating release conditions carries the risk of prison.
The judge, who did not rule from the bench in his typical practice, seemed unimpressed with the prosecutors’ argument.
Cannon questioned why her order to redact witness identities in court filings wasn’t enough to protect FBI agents involved in the case, noting she couldn’t see anything in Trump’s post that amounted to a call to act or incite violence.
Harbach responded that the revisions weren’t enough because their identities would be public at trial, but Cannon immediately fired back, asking why it was necessary to proactively change Trump’s bail conditions at this point — rather than take another gagging measure in the trial.
Cannon also questioned why prosecutors did not find any threats that came directly as a result of Trump’s post.
Harbach responded that the record showed that some Trump supporters acted on his complaints and that threats occurred regularly in other Trump cases. Cannon was not satisfied with his answer, reprimanding him for being specific to the situation of the documents and exhibits presented by prosecutors.
“In this case, I have 11 exhibits,” Cannon said. “Are you suggesting that I draw facts from other cases, because that’s not going to happen. Attach them to exhibits and I’ll review them one by one.”
And Cannon singled out Harbach for arguing that she didn’t have to weigh First Amendment concerns when evaluating whether Trump’s bail conditions should be modified because judges under the Bail Reform Act have the power to protect the proceedings and the public from era.
The lack of direct links from Trump’s posts to the actions of his supporters has long been a point of contention for the judge, which prosecutors raised when they sought in an earlier motion to compel Trump to reveal the identities of those who involved in changing it. the investigation.
That’s despite prosecutors reminding Cannon that a man tried to force his way into the FBI office in Ohio right after the Mar-a-Lago search, saying “patriots” should go to Florida to Protecting Trump and killing FBI agents.
But Trump’s lawyers seized in their 20-page response to Cannon’s question on the cause, arguing that prosecutors failed to point to a single example of an agent working on the documents case facing threats for inflammatory remarks. Trump.
“President Trump and the defense are also unaware of any hostility, harassment or risk of harm directed at any agent involved in this case based on President Trump’s statements,” Trump’s lawyers wrote.
