An attorney for former President Donald Trump urged the federal judge overseeing his classified documents case not to issue a gag order against him on Monday during a tense hearing.
Attorney Todd Blanche argued such an order could hinder Trump during his Thursday CNN debate against President Joe Biden.
Blanche further argued that if Trump defended himself against any Biden attacks related to the case, he could wind up in a jail cell.
Blanche and federal prosecutor David Harbach — who is working for Justice Department special counsel Jack Smith — both made arguments about the proposal of a gag order to Judge Aileen Cannon.
Harbach asked that Cannon force Trump to remain quiet about the case, Politico reported.
Meanwhile, per the report, Blanche argued that if his client were to say something Thursday the court viewed as a violation of a gag order that prosecutors could “get an arrest warrant and, if signed, they can arrest [Trump].”
Smith requested a gag order Monday morning and enlisted Harbach to pursue it in court on his behalf.
The special counsel is requesting a court order to force Trump to stop talking about documents that were released that showed the DOJ authorized federal agents to use deadly force during the August 2022 raid of the former president’s home at Mar-a-Lago, Florida.
Politico reported that during Monday’s hearing, Harbach complained at one point that he was unable to make the points he wished to about a gag order as Cannon had asked him too many questions.
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Cannon reportedly “snapped” at Harbach over his tone.
“I would expect decorum at all times,” she reportedly said to Harbach before she asked him to “reset.”
Harbcach went on to claim that Trump’s comments about the use of force authorization in the raid of his Florida estate were “false,” “inflammatory” and “inviting of retributive violence.”
Cannon offered both sides until Wednesday to finish submitting documentation for or against the proposed gag order. She offered no timetable for a decision on the matter.
Cannon has already postponed the trial indefinitely.
Trump and Biden will square off for the first presidential debate of the 2024 election season Thursday in Atlanta.
The debate will be moderated by CNN anchors Jake Tapper and Dana Bash.
The forum will begin at 9 p.m. ET and is expected to last about 90 minutes.
Both candidates will speak from a podium and there will only be two commercial breaks.
