A prosecutor working for Jack Smith was scolded over his tone Monday by the judge in Donald Trump's classified documents case.
Florida judge Aileen Cannon told Smith prosecutor David Harbach, "I don't appreciate your tone" as he started to talk back to her.
The episode unfolded as Smith's team urged Cannon to place a gag order on Trump, who is the presumptive Republican candidate for president.
Smith has cited numerous comments of Trump's claiming that FBI agents were ready to kill him during the raid of Mar-A-Lago two summers ago.
“Crooked Joe Biden’s DOJ, in their illegal and UnConstitutional Raid of Mara-Lago, AUTHORIZED THE FBI TO USE DEADLY (LETHAL) FORCE," Trump wrote on Truth Social.
Smith has said Trump is distorting a "standard" policy about the use of force and that Trump's rhetoric poses an imminent threat to law enforcement.
As Cannon was grilling Smith's team for specifics, prosecutor David Harbach complained that the judge wasn't letting him finish his points.
“I don’t appreciate your tone," Cannon said, reminding him to observe "decorum."
“If you aren’t able to do that, I’m sure one of your colleagues can take up arguing this motion,” the judge added.
Later, Harbach apologized, saying, "I didn’t mean to be unprofessional...I’m sorry about that.”
Smith has asked Cannon to alter Trump's conditions of release to bar him from making the supposed threats, a demand that Trump's defense lawyer Todd Blanche described as "chilling" in scope.
If granted, Smith's request could result in Trump going to jail over comments at his Thursday night debate with Joe Biden, Blanche said. Cannon was skeptical of Smith's demands, noting the First Amendment concerns at issue, and closed the hearing without making a decision.
“I'm trying to make sure that whatever condition is contemplated is consistent with the First Amendment,” she said.
This isn't the first time that Cannon has reminded Smith's team to stay professional. Cannon dismissed Smith's initial motion for a gag order as "wholly lacking in substance and professional courtesy" after he filed it late on a Friday without conferring with the defense.
Smith has pushed furiously for a trial before the presidential election, but that scenario appears unlikely. Cannon has postponed the trial indefinitely over unresolved pre-trial issues.
