Judge Eileen Cannon on Tuesday sharply reprimanded special counsel Jack Smith’s team for failing to meaningfully communicate with Trump’s defense team regarding a motion to restrict Trump’s comments in the classified documents case after Trump claimed law enforcement had the power to assassinate him.
She also rejected a motion by Trump’s defense team to censure prosecutors in the case.
Smith’s team filed the motion late Friday, seeking to clarify that Trump’s false claims violate the terms of his existing release after Cannon said Biden and the Justice Department were authorized to “take me out” during the document search at Mar-a-Lago.
Prosecutors, like the Trump campaign, are required to confer with the other side before filing any motions in the case, but they did not do so until 5:30 p.m., just before the Memorial Day weekend.
“The Court finds that the Special Counsel’s perfunctory ‘mandate’ is entirely devoid of substance and professional courtesy,” Cannon wrote.
“It goes without saying that meaningful consultations are not a formality. Sufficient time must be allowed for opposing counsel to rationally evaluate the requested relief and to conduct appropriate follow-up consultations.”
In this image from video provided by the U.S. Senate, Eileen M. Cannon speaks remotely during a Senate Judiciary Committee oversight hearing on her nomination for U.S. District Court for the Southern District of Florida, in Washington, July 29, 2020. Cannon, a federal judge in Florida, set a May 20, 2024 trial date for former President Donald Trump, who is accused of illegally storing hundreds of classified documents. (U.S. Senate via The Associated Press)
Smith’s team on Friday asked Cannon to clarify that Trump “may not make statements that pose a significant, imminent and foreseeable danger to the law enforcement agencies working this case.”
“The Department of Justice is authorized to shoot me,” Trump claimed in a fundraising email, misrepresenting language in a document prepared before the search of his home that prohibits agents from using lethal force unless they face “imminent danger of death or serious injury.”
In response to the motion, Trump’s legal team accused prosecutors of not following Cannon’s previous orders and attached emails showing arguments between the two.
“There are rules and you broke them,” Trump lawyer Todd Branche wrote in the exchange.
It is recommended that the parties confer before filing a motion so that the attorneys can resolve any issues before presenting them to the judge.
When Jay Blatt, the lead prosecutor in the case, first contacted Trump’s lawyers, he said,[d] You will oppose this motion.”
Top stories from The Hill
Trump lawyer Todd Branche quickly pushed back, asking them to meet on Monday, writing that “an email dated 5:30 p.m. on the Friday before Memorial Day is not a meeting or discussion in any sense.”
In a follow-up motion, prosecutors argued that Trump’s comments posed a danger to the officers who responded to the shooting. Many of the officers are expected to testify if the case goes to trial. Cannon declined to set a trial date, saying he must first clear pretrial motions.
Brat declined a meeting with Blanchet requested on Monday, saying Trump’s claims posed an imminent risk.
“Just this afternoon, Trump again made false accusations against Truth Social, reposting a statement with additional accusations. Further consultations are a futile exercise and will do nothing to mitigate the danger my client is creating,” he wrote.
Cannon’s order may not be a final decision on the issue. He also instructed both parties to present details of their discussions more directly and to avoid “editorial footnotes.” He also said that each party must include “a verbatim statement from the other side, no more than 200 words” when describing the discussion process.
“Failure to comply with these requirements may result in sanctions,” she said.
Updated 12:58 p.m.
Copyright 2024 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
