Special Counsel Jack Smith’s team has continued to clash with the judge overseeing President Donald Trump’s classified documents case in Florida.
One of the prosecutors was scolded over his “tone” Monday by Judge Aileen Cannon, a Trump appointee.
Judge Cannon told Smith prosecutor David Harbach, “I don’t appreciate your tone” as he started to talk back to her.
The episode unfolded as Smith’s team urged Cannon to place a gag order on Trump.
The controversial move, against the presumptive Republican candidate for president, has caused outrage among Trump’s supporters.
Smith has cited numerous alleged threats that he has attempted to link to Trump.
He claims comments of Trump’s, warning that FBI agents were ready to kill him during the raid of Mar-A-Lago two summers ago, have led to “threats.”
In a post on Truth Social, Trump wrote:
“Crooked Joe Biden’s DOJ, in their illegal and UnConstitutional Raid of Mara-Lago, AUTHORIZED THE FBI TO USE DEADLY (LETHAL) FORCE.”
Trump was accurately referring to Democrat President Joe Biden’s Department of Justice (DOJ) authorizing agents to use deadly force during the FBI’s raid on the 45th president’s home.
Smith has said Trump is distorting a “standard” policy about the use of force.
He also claims that Trump’s rhetoric poses an imminent threat to law enforcement.
As Slay News reported, Smith has alleged that FBI agents have received “threats” from “supporters of Trump.”
Smith argues that Trump must be “gagged” due to this “imminent threat.”
As Cannon was grilling Smith’s team for specifics, prosecutor David Harbach complained that the judge wasn’t letting him finish his points.
“I don’t appreciate your tone,” Cannon said.
She continued by reminding the prosecutor to observe “decorum.”
“If you aren’t able to do that, I’m sure one of your colleagues can take up arguing this motion,” the judge added.
Later, Harbach apologized, saying:
“I didn’t mean to be unprofessional…I’m sorry about that.”
Smith has asked Cannon to alter Trump’s conditions of release to bar him from making the supposed threats.
Trump’s defense lawyer Todd Blanche described the demand as “chilling” in scope.
If granted, Smith’s request could result in Trump going to jail over comments at his Thursday night debate with Biden, Blanche said.
Cannon was skeptical of Smith’s demands, noting the First Amendment concerns at issue.
She closed the hearing without making a decision.
“I’m trying to make sure that whatever condition is contemplated is consistent with the First Amendment,” the judge said.
This isn’t the first time that Cannon has reminded Smith’s team to stay professional.
Cannon dismissed Smith’s initial motion for a gag order as “wholly lacking in substance and professional courtesy” after he filed it late on a Friday without conferring with the defense.
Smith has pushed furiously for a trial before the presidential election.
However, that scenario now appears extremely unlikely.
Cannon has postponed the trial indefinitely over unresolved pre-trial issues.
READ MORE – Jonathan Turley: Jack Smith Has a ‘Serious Problem of Restraint’ on Trump Case
