Just before the close of business on Friday, Special Counsel Jack Smith filed for a gag order against Trump.
The request was made due to comments Trump made regarding the Mar-a-Lago raid.
Smith’s request has been denied, but not for the reason most people portably think.
Denied
When Smith made the request, I reported that I believed the request would be honored based on prior cases.
With Trump having stretched the truth about the “deadly force authorized” report, I figured Judge Aileen Cannon would have no choice but to issue the gag order.
As it turns out, I was wrong, but that may not be the case for long.
Cannon denied the gag order request by Smith because of the timing of the filing, citing that Trump’s attorneys did not have enough time to review and respond with Smith having snuck the filing in around 5:30 p.m. on Friday.
The Trump-appointed judge told prosecutors that their last-minute filing was “wholly lacking in substance and professional courtesy.”
She added, “It should go without saying that meaningful conferral is not a perfunctory exercise. Sufficient time needs to be afforded to permit reasonable evaluation of the requested relief by opposing counsel and to allow for adequate follow-up discussion as necessary about the specific factual and legal basis underlying the motion.”
The motion was denied without prejudice, which means Smith can refile in a timelier manner.
Trump’s defense team had also filed motions to have Smith’s team sanctioned over the gag order, but that motion was also rejected.
Overall, this was a win for Trump, but I suspect it will be short-lived based on the wording of the ruling by Judge Cannon.
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Author: G. McConway
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