Southeast
Judge refuses to gag Trump in classified docs case, says special counsel motion failed 'basic' requirements
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.
“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.
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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.
“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
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.”
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.”
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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.”
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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.
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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Southeast
Lara Trump removes herself from consideration for Marco Rubio’s US Senate seat
Lara Trump, President-elect Trump’s daughter-in-law, said Saturday she is removing herself from consideration for Florida Republican Marco Rubio’s seat in the U.S. Senate.
“After an incredible amount of thought, contemplation, and encouragement from so many, I have decided to remove my name from consideration for the United States Senate,” she wrote on X Saturday.
The president-elect has nominated Rubio to be secretary of state.
“I could not have been more honored to serve as RNC co-chair during the most high-stakes election of our lifetime and I’m truly humbled by the unbelievable support shown to me by the people of our country, and here in the great state of Florida,” Lara Trump added.
TRUMP SAYS HE DOESN’T EXPECT DESANTIS TO NAME DAUGHTER-IN-LAW LARA TRUMP AS RUBIO’S SENATE REPLACEMENT
Trump, the wife of Eric Trump, the president-elect’s son, stepped down as co-chair of the Republican National Committee earlier this month.
” I have read so many of your kind messages and I cannot thank you enough,” Lara Trump said, adding she has a “big announcement that I’m excited to share in January.”
She said she remains “incredibly passionate about public service and (looks) forward to serving our country again sometime in the future. In the meantime, I wish Governor DeSantis the best of luck with this appointment.”
The president-elect had previously pressed DeSantis to name Lara as Rubio’s replacement, a source in his political orbit told Fox News Digital, but he later told reporters he didn’t necessarily expect him to select her.
CLICK HERE FOR THE LATEST FOX NEWS REPORTING ON THE TRUMP TRANSITION
“That’s his choice,” the president-elect added.
Rubio’s senate replacement will be appointed by Florida Gov. Ron DeSantis and will serve the remaining two years of Rubio’s term.
In 2026, the seat will be open for a full six-year term.
Lara Trump had previously said she was “seriously considering” the position, although she wasn’t sure it was right for her.
DeSantis previously said he would make an appointment by early January.
Lara Trump did not immediately respond to Fox News Digital’s request for comment.
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Southeast
Florida driver hits student with her truck, covers license plate before fleeing, deputies say
A Florida woman was arrested after she allegedly struck a teenager who was crossing the road with her truck, covered her license plate and sped off.
Sarah Wright, 37, was arrested Thursday and charged with leaving the scene of a crash with injuries and driving with a suspended license.
The crash happened shortly before 4 p.m. at the intersection of Gage Avenue and Noah Street in Deltona, Florida, according to the Volusia County Sheriff’s Office.
The victim, a 16-year-old boy, was riding his scooter home from Pine Ridge High School when he was struck by a black Chevrolet Silverado as he was using the crosswalk, the sheriff’s office said.
FLORIDA MAN BERATED, PHYSICALLY ABUSED CHILD FOR NEARLY 30 MINUTES OVER MISSING COUCH CUSHION: DEPUTIES
The teenager fell to the ground, resulting in a serious laceration to the back of his head as well as an arm injury, but he remained alert and conscious after the incident.
A witness reported that she was checking her mailbox nearby when she heard the crash. She told investigators that the suspect, later identified as Wright, exited her truck after the crash and checked on the boy before she went back to her vehicle and covered her license plate with paper and tape.
But the witness still managed to see the first character of her tag. A neighborhood Ring camera also captured the truck fleeing the scene.
The victim and the witness were also able to provide a detailed description of the suspect.
Officials were then able to locate a suspect vehicle captured on a nearby License Plate Reader camera within minutes.
Wright was found in Flagler County and taken into custody with assistance from Florida Highway Patrol and the Flagler County Sheriff’s Office.
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She was booked into the Flagler County Jail on a $3,500 bond.
The teenage victim required staples for the laceration and treatment for his arm injury, but he is expected to make a full recovery.
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Southeast
Drone mishap during Orlando holiday aerial show sends child to hospital
A child was hospitalized on Saturday after being hit by a drone that was part of an Orlando, Florida holiday drone show.
According to the Orlando Fire Department, a 7-year-old boy was transported to the hospital because of injuries sustained from the falling drones, FOX 35 in Orlando reported.
In a video posted online by X user MosquitoCoFl, hundreds of drones being used as part of an aerial light show appeared to be flying into position before several started falling from the sky before slamming to the ground.
A man could be heard saying to children nearby, “Oh no! I don’t believe they’re supposed to be falling.”
MYSTERY DRONES COULD BE IDENTIFIED FASTER USING NEW DETECTION TOOL, BUT FAA LACKS RESOURCES
Geese also appear on the water, flapping their wings to try and get out of the way of the chaotic scene.
City officials told the station the holiday drone show was permitted by the FAA.
Still, after one drone show went wrong, the city chose to cancel the second that night at 8 p.m. due to “technical difficulties.”
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The FAA told Fox News Digital it will investigate the cause of the drone show malfunction.
“Several small drones collided and fell into a crowd during a holiday drone show over [Eola] Lake in Orlando, Florida,” the FAA said. “The incident occurred around 6:45 p.m. local time on Saturday, December 21.”
According to the agency, drone arrays and light shows are subject to FAA regulations and typically require a waiver to a regulation that prohibits operating more than one drone at a time.
For each drone show application, the FAA looks at things like the software controlling the drones, procedures for setting up safe and restricted areas to keep people a safe distance from the show, procedures if drones fail, and procedures for when an aircraft gets too close to the show.
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Additionally, the FAA reviews how the operator will keep the drones inside a confined area using Geofencing, and whether the operator has an adequate number of people to run the show.
For the second year, the City of Orlando used Sky Elements Drones as its vendor to operate the drones, the station reported.
Sky Elements Drones did not immediately respond to Fox News Digital’s request for comment on the matter.
In a statement to Fox 35, the vendor said, “Sky Elements Drones wants to extend our sincere hope for a full and speedy recovery to those impacted at our Lake Eola show in Orlando on Saturday, Dec. 21.
“The well-being of our audience is our utmost priority, and we regret any distress or inconvenience caused,” the company continued. “We are diligently working with the FAA and City of Orlando officials to determine the cause and are committed to establishing a clear picture of what transpired. Millions of people see our shows annually, and we are committed to maintaining the highest safety regulations set forth by the FAA.”
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