Trump legal team defends court order silencing FBI agents on sealed Smith report

Attorneys for Donald Trump and his former co-defendants filed a brief supporting Judge Aileen Cannon’s February 23 order that bars anyone, including FBI personnel, from commenting on Volume II of former special counsel Jack Smith’s report on the Mar-a-Lago classified-documents case. The filing lauds the “great care” of the order, warning that without it investigators could falsely claim a right to speak freely. Several FBI agents, some no longer with the bureau, have petitioned the court to be allowed to discuss their testimony and DOJ interviews, contending that immunity does not protect them from contempt penalties.

The Justice Department responded on October 16, labeling the agents’ claims as fear-mongering and saying no advance ruling can be provided. Trump’s lawyers reiterated that the secrecy rules were justified and should not be relaxed. Cannon, who dismissed the classified-documents prosecution in July 2024, has so far not ruled on the agents’ new clarification request, leaving the matter unresolved.