Former litigator and current MSNBC legal analyst Lisa Rubin reported on Friday regarding former President Donald Trump’s classified documents criminal case in Florida: “Tonight, concerned that Trump’s escalating rhetoric about the standard instructions attached to the MAL search warrant will result in violence against law enforcement, the Special Counsel’s office is asking not for a gag order, but to modify Trump’s conditions of release.”
[NOTE: The “escalating rhetoric” referred to includes Trump’s incendiary claim that the FBI and “Biden’s DOJ” had plans to “assassinate” him during the Mar-a-Lago search. ]
Rubin added: “That matters because when Trump was first indicted, his bond — which he signed — made clear that his continued release was conditioned on his compliance with certain terms.”
Trump’s release conditions currently “precludes his speaking to any fact witnesses on a list shared with his lawyers about the facts of the case, except through their respective lawyers.
“But in asking to modify Trump’s conditions of release to prohibit his making statements that pose a ‘significant, imminent, and foreseeable danger’ to law enforcement involved in the investigation and prosecution of the MAL case, the Special Counsel is upping the ante,” Rubin contends.
“Why? Because where a defendant violates a condition of his release, the consequences can include ‘the immediate issuance of a warrant for the defendant’s arrest, a revocation of release, and order of detention,’ as well as a prosecution for contempt.”
But perhaps most importantly, if Judge Cannon denies this motion, it is immediately appealable to the 11th Circuit under federal statute, which provides in relevant part:https://t.co/CmHJX87eQJ pic.twitter.com/kjh22r18HL
— Lisa Rubin (@lawofruby) May 25, 2024
Rubin warns that if Judge Aileen Cannon, who has come under fire for a perception that she has been lenient toward the defense, denies the motion, “it is immediately appealable to the 11th Circuit under federal statute.”