Judge Aileen Cannon Confusingly Does Jack Smith a Massive Favor
The judge denied a brief from nonparties opposing a gag order on Donald Trump.
Judge Aileen Cannon appears to be sick and tired of nonparties attempting to intervene in Donald Trump’s classified documents trial—even though she’s the one who allowed them to do so in the first place.
The Trump-appointed judge issued a paperless order Monday, rejecting without explanation a couple dozen Republican attorneys general and their proposed brief opposing special counsel Jack Smith’s pending gag order on the former president, which they decried as “presumptively unconstitutional.”
Attorneys general representing the states of Alabama, Alaska, Arkansas, Florida, Idaho, Iowa, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming had all signed on to the amicus curiae. In it, they argued that the tabled gag was an affront to the First Amendment rights of everyday Americans, who have a right to hear Trump push back against legal prosecutors.
The fierce opposition arose after Smith argued for a change in Trump’s bond conditions, claiming that the presumptive Republican presidential nominee’s Truth Social posts were “grossly misleading” and “inflammatory.” Smith argued Trump’s posts put law enforcement and potential trial witnesses in legitimate danger.
“Those statements create a grossly misleading impression about the intentions and conduct of federal law enforcement agents—falsely suggesting that they were complicit in a plot to assassinate him—and expose those agents, some of whom will be witnesses at trial, to the risk of threats, violence, and harassment,” Smith said in May.
Cannon had previously scheduled an “unusual” hearing on June 21 to make time for oral arguments from the nonparties, including one focused on whether Smith’s appointment to the case is constitutional.
The rejection is one of few indications that Cannon actually intends to move forward with a trial that has been riddled with unnecessary and cumbersome delays. Trump faces 42 felony charges in the case related to willful retention of national security information, corruptly concealing documents, and conspiracy to obstruct justice.