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Judge rejects special counsel request to limit Trump’s speech in classified documents case

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Washington — The federal judge overseeing special counsel Jack Smith’s classified documents case against former President Donald Trump denied prosecutors’ request that the court impose a gag order on certain public statements that they argued posed a danger to law enforcement.

In an order issued Tuesday, Florida Judge Aileen Cannon rejected Smith’s motion that she alter Trump’s conditions of pretrial release to prohibit him from making comments “similar” to those he has issued in recent weeks in which Smith alleged Trump “endangered law enforcement officers involved in the investigation and prosecution of this case and threatened the integrity of these proceedings.” 

Cannon’s short ruling said she was denying the Justice Department’s motion “without prejudice,” meaning Smith could potentially file another motion. The judge took issue with the special counsel’s handling of the request and wrote that prosecutors did not meaningfully confer with Trump’s defense team before filing the motion, as required by local rules. 

The special counsel filed his motion on Friday evening after Trump’s attorneys said they had asked him to hold off so the parties could discuss the matter on Monday. Cannon wrote that prosecutors’ handling of the procedure was “wholly lacking in substance and professional courtesy.” 

Former President Donald Trump Indicted In January 6 Investigation
Special Counsel Jack Smith arrives to give remarks on a recently unsealed indictment including four felony counts against former U.S. President Donald Trump on August 1, 2023 in Washington, DC. 

Drew Angerer / Getty Images


The move by federal prosecutors to limit Trump’s public comments came after the former president made false claims that FBI agents were “authorized to shoot” him as they executed a court-authorized search warrant at his Mar-a-Lago residence in August 2022. It was during this search that agents recovered over 100 documents with classified markings from the residence as part of the federal probe into the former president’s handling of sensitive government records. 

Smith alleged on Friday that Trump had “grossly distorted these standard practices by mischaracterizing them as a plan to kill him, his family, and U.S. Secret Service agents.” His social media posts and campaign emails about the topic, prosecutors wrote, “pose a significant, imminent, and foreseeable danger to the law enforcement agents.” 

The special counsel did not detail instances in which threats to law enforcement were tied to Trump’s most recent comments. Instead, he argued the former president’s past speech has posed threats to witnesses and pointed to a 2022 case in which an individual attacked an FBI field office in Ohio. 

On Monday, Trump’s team pushed back, writing Smith’s motion was “an extraordinary, unprecedented, and unconstitutional censorship application” that “unjustly targets President Trump’s campaign speech while he is the leading candidate for the presidency.” 

The defense attorneys also took issue with how prosecutors went about filing their motion, accusing them of “rushing” to file it on a Friday night in violation of local rules that required them to jointly discuss the matter.  

“Under no circumstances can an email exchange initiated at 5:30 p.m. on a Friday evening constitute the type of conferral required by [the rules],” Trump’s attorney wrote, pointing to a string of emails with prosecutors. In those emails, prosecutors countered that  Trump’s comment “necessitated a prompt request for relief that could not wait the weekend to file.” 

The Trump defense team also asked Cannon to sanction prosecutors for the alleged rule violations. 

The judge on Tuesday opted not to sanction Smith’s team, but rejected their requested gag order. 

The special counsel’s office declined to comment on the ruling. 

The Friday request by the special counsel arose after Trump’s comments about the search at his residence, which followed the recent unsealing of documents from the 2022 Mar-a-Lago search.  Those documents included a use-of-force policy for FBI agents prohibiting the use of deadly force, except when agents are in imminent danger. Justice Department prosecutors said the language was “standard and unobjectionable” and argued that “the FBI took extraordinary care to execute the search warrant unobtrusively and without needless confrontation.” 

“As planned, the FBI executed the search warrant in a professional and cooperative manner, at a time when Trump and his family were out of the state,” Smith’s team wrote Friday. 

In a statement last week, the FBI said, “The FBI followed standard protocol in this search as we do for all search warrants, which includes a standard policy statement limiting the use of deadly force. No one ordered additional steps to be taken and there was no departure from the norm in this matter.”

The special counsel charged Trump with 40 counts in the Southern District of Florida that accused him of illegally retaining national defense information from his time in the White House. He and two aides are also accused of working to obstruct the federal probe.

All three have pleaded not guilty to the charges and denied wrongdoing. 

Earlier this month, Cannon delayed the trial proceedings indefinitely as she said the parties had to continue to work through pretrial motions. 



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Tennessee nurse died searching for a man stranded in Hurricane Helene floodwaters

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As the Hurricane Helene-driven waters rose around the Nolichucky River in Tennessee, Boone McCrary, his girlfriend and his chocolate lab headed out on his fishing boat to search for a man who was stranded by floodwaters that had leveled his home. But the thick debris in the water jammed the boat’s motor, and without power, it slammed into a bridge support and capsized.

McCrary and his dog Moss never made it out of the water alive.

Search teams found McCrary’s boat and his dog’s body two days later, but it took four days to find McCrary, an emergency room nurse whose passion was being on his boat in that river. His girlfriend, Santana Ray, held onto a branch for hours before rescuers reached her.

David Boutin, the man McCrary had set out to rescue, was distraught when he later learned McCrary had died trying to save him.

Hurricane Helene Rescuer Death
This undated photo shows Boone McCrary, of Greeneville, Tenn., who died after his boat capsized while he was trying to rescue a man trapped in the river during Hurricane Helene.

Laura Harville via AP


“I’ve never had anyone risk their life for me,” Boutin told The Associated Press. “From what I hear that was the way he always been. He’s my guardian angel, that’s for sure.”

The 46-year-old recalled how the force of the water swept him out his front door and ripped his dog Buddy — “My best friend, all I have” — from his arms. Boutin was rescued by another team after clinging to tree branches in the raging river for six hours. Buddy is still missing, and Boutin knows he couldn’t have survived.

McCrary was one of at least 225 people confirmed dead as of Friday across six states — Florida, Georgia, North Carolina, South Carolina, Tennessee and Virginia —  after Hurricane Helene brought raging waters and falling trees to the region. That number included 114 killed in North Carolina alone.

Officials said they expected the death toll to rise further as recovery efforts continued. A spokesperson for the police department in Asheville told CBS News in an email late Friday that it was also “actively working 75 cases of missing persons.” The spokesperson said there were 50 people in total reported missing since Helene hit but 270 of them had been located.

McCrary was among a group of first responders who perished while trying to save others. The hurricane caused significant damage in nearby Unicoi County, where flooding swept away 11 workers at a plastics factory and forced a rescue mission at an Erwin, Tennessee, hospital.

McCrary, an avid hunter and fisherman, spent his time cruising the waterways that snake around Greenville, Tennessee. When the hurricane hit, the 32-year-old asked friends on Facebook if anyone needed help, said his sister, Laura Harville. That was how he learned about Boutin.

McCrary, his girlfriend and Moss the dog launched into a flooded neighborhood at about 7 p.m. on Sept. 27 and approached Boutin’s location, but the debris-littered floodwaters clogged the boat’s jet motor. Despite pushing and pulling the throttle, McCrary couldn’t clear the junk and slammed into the bridge about two hours into the rescue attempt.

Hurricane Helene Rescuer Death
Boone McCrary and his dog Moss were both swept away by raging floodwaters.

Laura Harville via AP


“I got the first phone call at 8:56 p.m. and I was a nervous wreck,” Harville said. She headed to the bridge and started walking the banks.

Harville organized hundreds of volunteers who used drones, thermal cameras, binoculars and hunting dogs to scour the muddy banks, fending off copperhead snakes, trudging through knee-high muck and fighting through tangled branches. Harville collected items that carried McCrary’s scent — a pillowcase, sock and insoles from his nursing shoes — and stuffed them into mason jars for the canines to sniff.

On Sunday, a drone operator spotted the boat. They found Moss dead nearby, but there was no sign of McCrary.

Searchers had no luck on Monday, “but on Tuesday they noticed vultures flying,” Harville said. That was how they found McCrary’s body, about 21 river miles from the bridge where the boat capsized, she said.

The force of the floodwaters carried McCrary under two other bridges, under the highway and over the Nolichucky Dam, she said. The Tennessee Valley Authority said about 1.3 million gallons of water per second was flowing over the dam on the night McCrary was swept away, more than double the flow rate of the dam’s last regulated release nearly a half-century ago.

Boutin, 46, isn’t sure where he will go next. He is staying with his son for a few days and then hopes to get a hotel voucher.

He didn’t learn about McCrary’s fate until the day after he was rescued.

“When the news hit, I didn’t know how to take it,” Boutin told the AP. “I wish I could thank him for giving his life for me.”

Dozens of McCrary’s coworkers at Greenville Community Hospital have posted tributes to him, recalling his kindness and compassion and desire to help others. He “was adamant about living life to the fullest and making sure along the way that you didn’t forget your fellow man or woman and that you helped each other,” Harville said.

McCrary’s last TikTok video posted before the hurricane shows him speeding along the surface of rushing muddy water to the tune, “Wanted Dead or Alive.” He wrote a message along the bottom that read:

“Some people have asked if I had a ‘death wish.’ The truth is that I have a ‘life wish.’ I have a need for feeling the life running through my veins. One thing about me, I may be ‘crazy,’ Perhaps a little reckless at times, but when the time comes to put me in the ground, you can say I lived it all the way.”





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“Matlock” star Kathy Bates – CBS News

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“Matlock” star Kathy Bates – CBS News


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Academy Award-winning actress Kathy Bates sits down with Turner Classic Movies host Ben Mankiewicz to talk about her new TV show “Matlock,” which explores the “invisibility” of women of a certain age. She also discusses some of her most memorable stage and screen roles, including her performance as a violent psychopath in the Stephen King thriller “Misery,” and the message she shared with her late mother the night she won the Oscar.

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Pharrell Williams on “Piece by Piece” and his love of joy

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Pharrell Williams on “Piece by Piece” and his love of joy – CBS News


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Pharrell Williams, a self-described misfit who grew up in Virginia Beach, Va., saw and heard the world differently than most people. He has built a fascinating career as a musician, performer, and now creative director for Louis Vuitton Men. He talked with “Sunday Morning” contributor Kelefa Sanneh about the joy he finds in creativity, and about his new movie, “Piece by Piece,” an animated film that depicts Williams and all other characters as Lego pieces.

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