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Judge refuses to gag Trump in classified docs case, says special counsel motion failed 'basic' requirements

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Judge refuses to gag Trump in classified docs case, says special counsel motion failed 'basic' requirements

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A federal judge on Tuesday denied Special Counsel Jack Smith’s request for a gag order on former President Donald Trump in his classified documents case after defense attorneys called it “unconstitutional censorship.”

In an order, U.S. District Judge Aileen Cannon found that Smith’s prosecutors failed to properly confer with Trump’s lawyers before filing the motion in violation of court rules. The judge said prosecutors did not give Trump’s team “sufficient time” to review their motion, which was filed Friday evening on Memorial Day weekend.

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“Because the filing of the Special Counsel’s motion did not adhere to these basic requirements, it is due to be denied without prejudice,” the judge said. 

TRUMP PREVIEWS CLOSING ARGUMENTS IN ‘SHAM TRIAL’: ‘VERY DANGEROUS DAY FOR AMERICA’

Special Counsel Jack Smith arrives to give remarks on a recently unsealed indictment including four felony counts against former President Trump on Aug. 1, 2023, in Washington, D.C. (Drew Angerer/Getty Images)

Trump’s attorneys on Monday accused the government of “unconstitutional censorship” in response to federal prosecutors asking the judge in his classified documents case for a gag order.

In a court filing, Trump’s outraged legal team asked a federal judge in Florida to sanction and fine prosecutors from special counsel Jack Smith’s office, which requested that the court modify Trump’s conditions of release and prohibit him from making future statements about FBI agents who executed a search warrant at Mar-a-Lago on Aug. 22, 2023. 

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“President Donald J. Trump respectfully submits this procedural opposition to the May 24, 2024 filing by the Special Counsel’s Office, which improperly asks the Court to impose an unconstitutional gag order on President Trump, as a condition of his pretrial release, based on vague and unsupported assertions about threats to law enforcement personnel whose names have been redacted from public filings and whose identities are already subject to a protective order,” Trump’s lawyers wrote in the filing.

“… [T]he Court should strike the Motion, make civil contempt findings as to all government attorneys who participated in the decision to file the Motion without meaningful conferral, and impose sanctions after holding an evidentiary hearing regarding the purpose and intent behind the Office’s decision to willfully disregard required procedures,” the defense attorneys wrote.

JACK SMITH ASKS JUDGE TO RESTRICT TRUMP STATEMENTS AFTER ‘INFLAMMATORY’ REMARKS ABOUT FBI RAID

Former President Trump and special counsel Jack Smith. Trump’s attorneys accused Smith and his prosecutors of “unconstitutional censorship” in response to a motion for a gag order in the classified documents case in Florida. (Getty Images)

On Friday evening, Smith’s team filed a motion to U.S. District Judge Aileen M. Cannon, who is presiding over the classified documents case, and requested that she prohibit 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.” Trump claimed in a campaign appeal that FBI agents were “locked & loaded ready to take me out & put my family in danger.”

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Prosecutors said Trump’s “grossly misleading” claims cited a standard FBI form that details limiting the use of force to emergency situations. The same form was used when federal agents searched for documents at President Biden’s home.

READ TRUMP’S MOTION BELOW – APP USERS, CLICK HERE:

“Trump, however, has distorted the standard inclusion of the policy limiting the use of deadly force by mischaracterizing it as a claim that the FBI “WAS AUTHORIZED TO SHOOT ME,” was “just itching to do the unthinkable,” and was “locked & loaded ready to take me out,’” Smith’s team wrote in their filing.

The prosecution argued that Trump’s “deceptive and inflammatory claims” exposed federal agents to “unjustified and unacceptable risks,” inviting “threats and harassment” against investigators that would “undermine the integrity of the proceedings as well as jeopardize the safety of law enforcement.” 

NEW REVELATIONS IN FLORIDA DOCUMENTS TRIAL PUT TRUMP ON OFFENSE AGAINST ‘DERANGED’ SPECIAL COUNSEL

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Former President Trump’s Mar-a-Lago resort in Palm Beach, Florida. (Charles Trainor Jr./Miami Herald/Tribune News Service via Getty Images)

Trump’s attorneys countered Tuesday that Smith’s request was “an extraordinary, unprecedented and unconstitutional censorship application” that “unjustly targets President Trump’s campaign speech while he is the leading candidate for the presidency.” 

They requested that Judge Cannon hold a hearing to determine Smith’s “motives and purpose” in filing the gag order motion “on the Friday preceding a holiday weekend,” pointing out that Trump’s defense summation is scheduled to begin in Manhattan on Tuesday for his New York criminal case. The timing, they insisted, violated rules governing how motions are filed and was unprofessional. 

The 15-page motion also referred to Smith and his team as “the Thought Police” and accused prosecutors of being “biased and reckless” and “driven by political animus against President Trump.” 

GOP SLAMS ‘WEAPONIZATION’ OF DOJ AFTER TRUMP’S MAR-A-LAGO RAIDED BY FBI; DEMS CALL IT ‘ACCOUNTABILITY’

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Former President Trump’s Mar-a-Lago resort in Florida was searched by the FBI in 2022. (Getty Images)

Trump has repeatedly claimed the indictment Smith filed against him last June was part of a politically-motivated “witch hunt” designed to keep him from winning the presidency. Smith’s team has vehemently denied the allegations and asserted their motives are pure, intended to support the rule of law.

Trump is accused of keeping at his estate classified documents that he took with him after he left the White House in 2021, and then obstructing the government’s efforts to retrieve them. The FBI agents seized 33 boxes of documents in the raid.

 

The investigation is overseen by Smith, who Attorney General Merrick Garland appointed. Smith has charged Trump with 40 felony counts, including violating the Espionage Act, making false statements to investigators and conspiracy to obstruct justice.

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Trump has pleaded not guilty. The case is not expected to go to trial until after the November election. 

Fox News’ David Spunt and Fox News Digital’s Michael Dorgan contributed to this report.

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FBI’s renewed push in DC pipe bomb case shows how fresh eyes can change a stalled investigation

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FBI’s renewed push in DC pipe bomb case shows how fresh eyes can change a stalled investigation

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Federal agents searching the Virginia home of Brian Cole Jr., accused of planting pipe bombs in Washington on Jan. 5, 2021, carried out a step-by-step operation this week that indicated investigators have re-energized a case that had seen little movement for years.

Cole was arrested in Woodbridge, Virginia, last week after federal investigators identified him as the suspect accused of planting the pipe bombs on Jan. 5, 2021, near the Capitol complex, the Republican National Committee (RNC) and the Democratic National Committee (DNC). His arrest marked the first major break in a case that had been largely dormant for years.

Retired FBI Special Agent Jason Pack, who previously helped lead Evidence Response Teams, told Fox News Digital the search followed the standard sequence used in explosive investigations, beginning with hazard clearing before evidence work. He said the careful pace shows investigators treating the case as if it had just happened.

The operation began with the standard safety sweep used in federal explosives investigations.

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CNN’S JAKE TAPPER ISSUES CORRECTION AFTER CALLING DC PIPE BOMB SUSPECT A ‘WHITE MAN’

Brian J. Cole was arrested by the FBI for alleged involvement in the D.C. pipe bomb incident. (Department of Justice)

“Federal agents are following a deliberate and familiar sequence as the search of the Woodbridge residence continues,” Pack said. “The presence of explosive ordnance disposal technicians, bomb techs and specialized K-9 teams indicates that the first priority is safety.”

He explained that investigators must first clear the property of possible explosive hazards to protect personnel and preserve the scene before they can begin collecting evidence.

One of the clearest indications of the work underway came from the metal paint cans agents carried out of the home.

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FBI DIRECTOR SUGGESTS ‘SHEER INCOMPETENCE’ OR ‘NEGLIGENCE’ IN BIDEN ADMIN HANDLING OF PIPE BOMB CASE

The FBI is carrying out “court enforced activity” at a home in Woodbridge, Va., after authorities arrested a suspect who allegedly planted pipe bombs blocks from the U.S. Capitol on Jan. 5, 2021, sources told Fox News on Dec. 4, 2025. (WTTG)

Pack said metal paint cans are a preferred method for collecting and transporting suspected explosive material because they limit contamination and protect volatile samples. The cans also allow forensic laboratories to analyze residues, components and chemical signatures that might connect a device to a specific individual or technique.

Once the scene is declared safe, evidence teams can move inside the home.

FBI Evidence Response Team members, guided by a federal search warrant and its attachments, typically handle the next phase of the search and use those documents to determine what they are authorized to seize.

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CNN’S JAKE TAPPER CALLS DC PIPE BOMB SUSPECT ‘WHITE MAN’ SHORTLY BEFORE AIRING PHOTO OF ALLEGED BLACK CULPRIT

The FBI swarmed the home following the suspect’s arrest. (WTTG)

Those categories include explosive components or precursor chemicals; tools or materials used to construct destructive devices; electronic devices such as phones, hard drives and laptops; records, notes or digital communications that could show planning, motive or knowledge; and items that confirm identity, occupancy or control of the residence.

In this investigation, agents are looking for evidence that establishes intent, capability and any links to the explosive devices planted on Jan. 5, 2021.

Once the evidence is collected, it moves into the long analytical phase of the investigation.

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PIRRO CALLS SUSPECTED DC PIPE BOMBER ‘QUIET,’ REVEALS INSIGHT INTO HIS ‘LOW-KEY’ PERSONAL LIFE

Sketch of Brian Cole Jr.’s first federal court appearance in Washington, D.C. Friday, December 5, 2025. Cole is the lead suspect in the D.C. pipe incident. (Dana Verkouteren)

Any electronics seized will undergo digital forensics to recover communications, searches or location data that may reveal planning or coordination. Laboratories will also examine residues or components to determine whether they match the devices used at the Capitol complex, the RNC or the DNC.

Pack said the search in Woodbridge shows the FBI is treating the investigation as if it had just begun, which he said can “change the entire trajectory” of the case.

“I have been the fresh set of eyes on cold cases, and I worked them as if the crime happened that morning,” he said. “The initial investigators often do excellent work. A new perspective simply asks different questions and sometimes spots the detail that finally brings the guilty to justice.”

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FOX NEWS POLITICS NEWSLETTER: WHO IS BRIAN COLE, THE DC PIPE BOMB SUSPECT?

The suspect is seen walking outside the Democratic National Committee headquarters moments before placing one of two pipe bombs discovered near party offices in Washington, D.C. (FBI)

Pack said the U.S. Attorney’s Office is responsible for obtaining the warrants and court orders that move an investigation from suspicion to proof.

“When the immediate danger has passed, older cases often end up folded into the stack of files handled by overworked Assistant United States Attorneys who are already juggling emergencies of their own,” he said. “That can slow down warrants and subpoenas, not because anyone is dragging their feet, but because they are drowning in urgent matters.”

EVIDENCE AGAINST J6 PIPE BOMB SUSPECT WAS JUST ‘SITTING THERE’ FOR YEARS, DOJ SAYS

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The same pressures hit FBI agents, Pack said, as new threats emerge each day and older cases get pushed back while “investigators run to the sound of guns.”

“There are only 12,000 FBI agents in the world, and that small group is responsible for handling every threat that comes our way,” Pack said. “When leadership pours fresh resources back into a case, the whole machine turns forward again. Sunlight finds what shadows hide, and a second look often makes all the difference.”

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Cole had his first court appearance Friday after being arrested the day before and charged with transporting an explosive device in interstate commerce and with maliciously attempting to destroy property using explosive materials.

He has been speaking with investigators and reportedly admitted to planting the devices and expressing doubts about the outcome of the 2020 presidential election, a source close to the investigation told Fox News.

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Charlotte residents say they feel less safe as city faces second transit stabbing

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Charlotte residents say they feel less safe as city faces second transit stabbing

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Two in three Charlotte, North Carolina, residents say they feel less safe today than they did a year ago, according to a recent survey, as the city reels from two train stabbings.

More than 930 people responded to a survey that the Queen City recently completed before hiring its new police chief, Stella Patterson. Residents overwhelmingly said they want a proactive police force, not a reactive one, with 66% saying they feel less safe.

The results come as Charlotte contends with another stabbing on its light rail system, months after the stabbing of Ukrainian refugee Iryna Zarutska.

On Friday, Charlotte-Mecklenburg Police Department (CMPD) officers responded to a call regarding assault with a deadly weapon. When they arrived, they found the victim, identified as Kenyon Kareem-Shemar Dobie, with a stab wound, according to warrants.

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Oscar Solorzano, 33, was arrested in connection to a stabbing on a Charlotte, North Carolina light rail. (Mecklenburg County Jail)

NORTH CAROLINA DEMOCRATS FALL SILENT AFTER ICE ARRESTS DOZENS WITH VIOLENT RECORDS

Oscar Gerardo Solorzano-Garcia, 33, of Honduras, was arrested after the stabbing and charged with attempted first-degree murder, assault with a deadly weapon with serious injury, breaking/entering a motor vehicle, carrying a concealed weapon and intoxicated/disruptive behavior, according to multiple Department of Homeland Security (DHS) sources and arrest warrants obtained by Fox News Digital. 

On Monday morning, Solorzano appeared in court, where he was denied bond. The 33-year-old appeared via Zoom in an orange jumpsuit where he was charged. Authorities revealed that Solorzano, prior to the Dec. 5 attack, was banned by Charlotte Area Transit System (CATS).

CMPD noted Dobie was in critical but stable condition when he was taken to a hospital.

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The victim told WRAL News that he saw Solorzano yelling at an older woman before Solorzano handed his bike to another passenger and said: “I’m about to show you who I really am.”

“I wasn’t trying to be a macho man,” Dobie said in a TikTok post from his hospital room. “But what I won’t allow is you to attack random people for no reason, especially the elderly.”

Dobie said he jumped up and told Solorzano to leave everyone alone. He said Solarzano then grabbed his hands and stabbed him as he tried to grab him back.

Police in North Carolina have charged a 33-year-old man from Honduras with critically injuring another person in a stabbing on a Charlotte commuter train, just a few months after a Ukrainian refugee was murdered. (WJZY)

According to court documents, reviewed by Fox News Digital, Solorzano broke into a railroad car “with the intent to commit a felony,” while carrying a large fixed-blade knife.

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While intoxicated, he challenged Dobie to a fight, cursing and shouting at others using “unintelligible and slurred words,” according to court documents.

He was booted from the country by the Trump administration in March 2018 on a deportation order and reentered illegally during the Biden administration at the Texas border in March 2021, DHS sources said.

WATCH: Migrant who was deported twice accused of Charlotte light rail stabbing

CHARLOTTE MAN CHARGED WITH IRYNA ZARUTSKA’S KILLING COULD FACE DEATH PENALTY

Solorzano was deported a second time by the Biden administration and reentered illegally as a got-away at an unknown time and location.

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Solorzano has a prior conviction for robbery in the U.S. and prior arrests for aggravated battery with a deadly weapon, resisting arrest and false ID, DHS sources said.

Court records indicate he had known aliases, including Solorzano-Garcia, Oscar Herardo and Kevin Garcia.

Press secretary Karoline Leavitt speaks alongside a photo of Ukrainian refugee Iryna Zarutska, who was allegedly killed by Decarlos Brown Jr., on a light rail train in Charlotte, North Carolina, at the White House, Sept. 9, 2025. (Saul Loeb/AFP via Getty Images)

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The stabbing attack comes months after Zarutska, 23, was fatally stabbed on a LYNX Blue Line light rail while on her way home from work from a local pizzeria shop.

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Decarlos Brown Jr., 34, who is accused of killing Zarutska, was charged with violence against a railroad carrier and mass transportation system resulting in death, a capital offense under federal law.

Brown had a history of violent crime, including assaults and robberies, and had also been diagnosed with schizophrenia. Yet he was still free and walking the streets.

Fox News Digital has reached out to the city of Charlotte and the CMPD for comment.

Fox News Digital’s Alexander Koch and Fox News’ Bill Melugin and Chelsea Torres contributed to this report.

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Murdaugh trial court clerk pleads guilty to showing sealed crime scene photos to photographer

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Murdaugh trial court clerk pleads guilty to showing sealed crime scene photos to photographer

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A former South Carolina court clerk pleaded guilty Monday in connection with showing sealed court exhibits related to the murder trial of disgraced attorney Alex Murdaugh to a photographer and lying about it in court.

Mary Rebecca “Becky” Hill, who served as the court clerk in Colleton County, pleaded guilty to four charges — obstruction of justice and perjury for showing a reporter photographs that were sealed court exhibits and then lying about it, plus two counts of misconduct in office for taking bonuses and promoting a book she wrote on the trial through her public office. 

“There is no excuse for the mistakes I made. I’m ashamed of them and will carry that shame the rest of my life,” Hill said in a statement read to the court.

She was sentenced to three years of probation.

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ALEX MURDAUGH’S MONEY MAN PAYS THE PRICE AFTER ADMITTING ROLE IN MILLION-DOLLAR CRIME SCHEME

Colleton County Clerk of Court Rebecca Hill is sworn in before taking the stand to testify during the Alex Murdaugh jury-tampering hearing at the Richland County Judicial Center, Monday, Jan. 29, 2024, in Columbia, S.C. (AP)

Her sentence would have been much harsher had evidence surfaced that she tampered with the murder trial, Judge Heath Taylor told Hill. 

During Murdaugjh’s murder trial, Hill was responsible for taking care of the jury, overseeing exhibits and assisting the judge. Murdaugh was eventually convicted of murdering his wife and son after a six-week trial, which drew nationwide attention.

Murdaugh’s lawyers said Hill tried to influence jurors to vote guilty and that she was biased against Murdaugh because of her book.

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ALEX MURDAUGH SLAMS NEW TRUE CRIME SERIES DEPICTING FAMILY’S DOUBLE-MURDER: ‘MISLEADING PORTRAYALS’

Former Colleton County Clerk of Court Mary Rebecca “Becky” Hill smiles after pleading guilty on Monday, Dec. 8, 2025, in St. Matthews, S.C. Hill pleaded guilty Monday to showing sealed exhibits from Alex Murdaugh’s murder trial and other charges. (AP Photo/Jeffrey Collins)

Solicitor Rick Hubbard told the judge that a journalist informed investigators that Hill showed graphic crime scene photos to several media members.

He did not name the journalist.

The photos were posted online, and the metadata from the images matched a time when Hill’s courthouse key card indicated she was inside the locked room where the photos were kept, Hubbard said.

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Former Colleton County Clerk of Court Mary Rebecca “Becky” Hill is sworn in during a court hearing on Monday in St. Matthews, S.C. (AP Photo/Jeffrey Collins)

Hill resigned in March 2024. One of the charges against her stemmed from money prosecutors said she took for herself. She brought a check to court on Monday to repay nearly $10,000.

Journalist Neil Gordon who worked with Hill on “Behind the Doors of Justice: The Murdaugh Murders” and previously accused her of plagiarism, commented on Hill’s plea to Fox News Digital.

Former Colleton County Clerk of Court Mary Rebecca “Becky” Hill pleaded guilty Monday to showing sealed exhibits from disgraced attorney Alex Murdaugh’s murder trial and other charges. (Fox Nation/ Tracy Glantz/The State via AP, Pool)

“I appreciate seeing Becky step up and take responsibility for her actions, including the charge of misconduct in office, as it was directly related to the book I co-authored with her,” he said in a statement. “The specific instance was her decision to arrange a “Facebook Live” from her clerk’s office with the Colleton County Chamber of Commerce solely to promote our book.”

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“The fact that it occurred during the workday showed boldness, poor judgement, and frankly ignorance of the oath she took as an elected official.,” he added. “Sadly, poor judgement around our book had been a pattern for Becky, as we later learned she plagiarized its preface.”

Meanwhile, Murdaugh is also serving a prison sentence for stealing money from his family’s law firm and client settlements.

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Fox News Digital has reached out to Murdaugh’s attorney.

The Associated Press contributed to this report. 

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