June 18, 2024

Red states ask Judge to overturn Jack Smith's gag order against Trump in Florida documents case

The attorneys general are taking matters into their own hands, pushing for the state of Florida to block an attempted prosecution of former President Donald Trump.

The law enforcement officers from 24 states have filed an amicus, or "friend of the court" brief, asking that the state not grant special counsel Jack Smith's gage order request, as Fox News reported.

According to the attorneys, this would be "presumptively unconstitutional" and not something someone in service of the American people should be engaged in.

"Free and fair elections in the United States depend on candidates’ ability to speak about important issues of the day. Attempts to stop a candidate from speaking out harm more than just the candidate," the amicus brief filed Monday in the Southern District of Florida stated.

Reasons for Denial

Additionally, they are allegedly detrimental to the voters, who are prevented from gaining access to vital information, as well as the states, which are accountable for the administration of elections.

"And when agents of one candidate seek a court order to muzzle discussion on matters relating to important electoral issues, that restraint raises even more fundamental First Amendment concerns," the brief said.

The group is led by Iowa Attorney General Brenna Bird, and the top state prosecutors argue that "[e]ach branch of government, even the judiciary, should be cautious about abridging core political speech—especially core political speech relating to a presidential election.

"Unfortunately, the special prosecutor’s request here does not reflect that caution," the brief states.

Background on the Request

Smith's team submitted a motion to U.S. District Judge Aileen M. Cannon, who is overseeing the classified documents case, last month.

The motion requested that Cannon prevent Trump from making statements that "pose a significant, imminent, and foreseeable danger to law enforcement agents participating in the investigation and prosecution of this case."

In a campaign appeal, Trump asserted that FBI agents were "locked [and] loaded, ready to take me out and put my family in danger."

Prosecutors charged that Trump's "grossly misleading" assertions were based on a standard FBI form that specifies the restriction of force to emergency situations.

Another Filing

The identical form was implemented during the search for documents at the residence of President Biden by federal agents.

In their brief, the AGs contended that Smith was attacking Trump's First Amendment right by trying "to curtail that right by ordering a prior restraint on President Trump’s constitutionally protected speech. Such an order is presumptively unconstitutional."

"If granted, this request would prevent the presumptive Republican nominee for President of the United States from speaking out against ‘the prosecution and the criminal trial process that seek to take away his liberty,’" they wrote.

"That prosecution, of course, is led by a Department that President Trump’s political opponent controls."

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