(WatchDogReport.org) – Twenty-four Republican state attorneys general (AG) from Red States have joined forces to file an amicus brief in former President Trump’s case regarding the misuse of top-secret documents.
The coalition says that special counsel Jack Smith’s request for a gag order may be unconstitutional, and they are pleading with a Florida judge to reject it.
In a 27-page amicus brief submitted to the Southern District of Florida, Ashley Moody, Florida’s Attorney General, raised objections over Smith’s request to keep Trump from commenting on the case. The states contend that there is a chance that this move may be an effort to influence the upcoming presidential election.
With the gag order, they contend that a presidential candidate is being silenced, and the effects go well beyond the individual. According to the amicus brief, voters are deprived of access to critical information, and the States—which oversee elections—are also adversely affected.
A group of distinguished state prosecutors, led by Iowa Attorney General Brenna Bird, stresses the need to protect fundamental political expression, especially during a presidential race. They implore the judiciary and all other government institutions to proceed cautiously when deciding whether to restrict this essential freedom.
Smith’s group filed a request with U.S. District Judge Aileen M. Cannon, who is in charge of the lawsuit involving the secret records, earlier this month. They requested that she stop Trump from saying anything that would put law enforcement personnel engaged in this case’s investigation and prosecution at risk. In a campaign rally, Trump said FBI agents were ready to hurt him and his family after it was revealed the use of deadly force was authorized during the raid on Mar-a-Lago.
Prosecutors said that Trump’s statements were “grossly misleading” because they referenced an FBI document that expressly states that the use of force is restricted for emergency situations.
Bird said that politics shouldn’t be a factor in a criminal case; everyone, including President Trump, has the right to free expression.
The AGs said in their brief that there are situations in which a gag order can be appropriate, even regarding a political candidate; however, the Court does not need to determine the exact point at which such an order is justified, as the facts, in this case, do not support such an exceptional restriction.
Judge Cannon quickly shot down the motion in a paperless order.
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