I will say it until people understand.  Lawfare is a specially constructed approach to weaponize the judiciary to create narratives for public consumption; it is the abnormal and twisted application of granular legal language, and as a result it requires oddball motions to support it.

The DOJ previously filed a motion for “Special Conditions of Release” to restrict President Trump’s defense from knowing or discussing the super-secret evidence and witnesses the special prosecutor plans to use against him.  The motion was essentially that if President Trump refused the super special terms and conditions of the motion, then Judge Cannon should put him in leg irons in federal prison until he can be tried and convicted.

The special counsel wants everything kept under seal, quiet and invisible to the public so the omnipotent arbiters of justice can appropriately shape the narrative they prefer.

The Jack Smith team cannot have President Trump being all uncontrolled, willy-nilly and making fun of their case, while talking about his targeting in such a manner as their super-secret witnesses would be exposed to such duplicitous snark and horrible influence.

To maintain the evolving narrative du-jour, a special motion to make President Trump double-secret probationary swear to the special rules is required.

Trying to trick President Trump into signing an agreement never to expose the witnesses to his horrible, terrible, defensive statements, essentially forbidding him from doing anything that would lead to the witnesses being exposed to his words, ie. block him from public or television appearances lest the witnesses are exposed to his statements, the special prosecutors wanted a signed statement they could use against him if he spoke about stuff at a rally or event.

Thankfully, Judge Cannon saw through the stupidity of the Lawfare effort. Her paperless retort is essentially, ‘just use the ordinary legal motions please‘.

“PAPERLESS ORDER denying without prejudice Government’s Motion to Implement Special Condition of Release. The Government seeks an order implementing a special condition of bond related to Defendants’ (Trump and Nauta) communication with eighty-four listed witnesses about the facts of the case, except through counsel.

The Government conditions its request on the filing of the non-exhaustive list under seal. Defendants take no position on the Government’s seal request but reserve the right to object to the special condition and the manner by which the Government intends to implement it.

In the meantime, numerous news organizations have moved to intervene to oppose the Government’s Motion to File Witness List Under Seal, citing the First Amendment and related legal principles.

Upon review of the foregoing materials, the Government’s Motion is denied without prejudice, and the Motion to Intervene and accompanying Motions to Appear Pro Hac Vice are denied as moot.

The Government’s Motion does not explain why filing the list with the Court is necessary; it does not offer a particularized basis to justify sealing the list from public view; it does not explain why partial sealing, redaction, or means other than sealing are unavailable or unsatisfactory; and it does not specify the duration of any proposed seal. The Clerk is directed to return the Pro Hac Vice fees to the filing attorneys. Signed by Judge Aileen M. Cannon on 6/26/2023.