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- Feb 16, 2016
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Judge Cannon rejects Jack Smith's gag order request against Trump: 'Wholly lacking in substance and professional courtesy'
Judge Cannon rejects Jack Smith's gag order request against Trump: 'Wholly lacking in substance and professional courtesy' | Blaze Media
Judge threatens sanctions.
www.theblaze.com
Judge threatens sanctions.
United States District Judge Aileen Cannon recently rejected special counsel Jack Smith's request to place a gag order against former President Donald Trump.On Friday, Smith's team asked Cannon to modify Trump's conditions of release to prohibit him from making "statements that pose a significant, imminent, and foreseeable danger to law enforcement agents participating in the investigation and prosecution of" the classified documents case against Trump.'Failure to comply with these requirements may result in sanctions.'
Smith's team claimed the gag order was "necessary because of several intentionally false and inflammatory statements recently made by Trump that distort the circumstances under which the Federal Bureau of Investigation planned and executed the search warrant at Mar-a-Lago."
Earlier this month, Cannon moved to postpone the trial due to several unresolved pretrial motions. The decision came shortly after Smith's team admitted that the federal government did not properly maintain the evidence gathered at Trump's property. His team conceded that some documents were no longer in the same order. The prosecution also admitted that the colored cover sheets that indicated various classification levels were brought in by investigators.
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On Monday morning, Cannon rejected the prosecution's request and threatened Smith's team with sanctions.
"[T]he Court finds the Special Counsel's pro forma 'conferral' to be wholly lacking in substance and professional courtesy," Cannon wrote in her decision. "It should go without saying that meaningful conferral is not a perfunctory exercise."
"Because the filing of the Special Counsel's Motion did not adhere to these basic requirements, it is due to be denied without prejudice. Any future, non-emergency motion brought in this case -- whether on the topic of release conditions or anything else -- shall not be filed absent meaningful, timely, and professional conferral," Cannon continued. "Failure to comply with these requirements may result in sanctions."
Commentary:
Denial of a motion for failure to “Meet and Confer”, ordinarily means the denial was almost likely to come anyway, or the issue involved is so minor or irrelevant that failure to "Meet and Confer" is a quick reason to deny and chastise the offender for wasting the Court’s time. If its important, the "Meet and Confer" requirement is the least of a judge’s concerns.
That's legalese for Jack Smith is being a complete (fillintheblankvulgarepithet)
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