Although Smith is correct that the FBI plan indicated Trump's lawyers would be notified before the raid, media reports and congressional testimony indicate that's not what happened.
DOJ brass decided not to notify Evan Corcoran until after the raid began.
Of all the stupid and dirty things Jack Smith's team does, this motion might be the dumbest.
He just opened up not just the opportunity for Trump to disclose more details about the raid and ask for more discovery, Cannon could use this motion to schedule a hearing on the matter--fueling more media coverage and outrage on the Right.
In a late Fri night/holiday weekend part damage control, part clickbait motion, Jack Smith wants Judge Cannon to prohibit Donald 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."
His motion, predictably, is filled with distortions, omissions, and misrepresentations.
Smith gave short shrift to how 30 FBI agents were instructed to prepare for the 9-hour raid.
This is how Smith described the FBI op order:
Smith purposely omitted key details of the order--which, of course, Judge Cannon has.
Smith omitted that agents were instructed to bring "Standard Issue Weapon, Ammo, Handcuffs."
He also omitted that the order instructed agents to have their "Badge and Credentials (concealed)."
Smith left out that agents brought "medium and large sized bolt cutters."
Smith crucially omitted instructions related to how agents should handle Secret Service.
Screenshot shows how Smith described it.
But this is from the FBI op order: Should USSS provide resistance or interfere with FBI timeline or accesses, FBI...will engage with USSS [point of contact.]
And as far as Mar-a-Lago staff, here is what FBI op order included:
"Should MAL Guest Reception be unwilling to provide a list of occupied guest rooms, FBI Search Team will knock on each guest room door to determine occupation status. FBI will request a map, list of rooms and skeleton key/card for all rooms from MAL staff. An FBI [investigator] with lock-picking equipment will be on scene."
