Prosecutor on Jack Smith's team apologizes to judge for courtroom behavior

 June 25, 2024

Special counsel Jack Smith and his prosecutors didn't have the best week in court, generating mountains of headlines about their failed attempt to have former President Donald Trump silenced. 

According to the Daily Mail, perhaps the worst look for Smith and his people was the fact that one of his prosecutors ultimately "groveled" with an apology to Judge Aileen Cannon after she torched him over his poor attitude.

David Harbach, known as one of the top prosecutors in the country with an impressive track record, found himself apologizing to Cannon in the courtroom this week.

The Daily Mail noted:

It came after he appeared to bristle at questions from Cannon, a U.S. district judge in Florida, in response to her questions about the prosecution's claims of threats to law enforcement personnel and Trump's language about the FBI that fed into the government's request to modify his terms of release.

Judge Cannon blasted the veteran prosecutor, saying at one point: '"I don’t appreciate your tone."

The judge continued by telling Harbach, who should have known better, that she appreciates "decorum" in her courtroom, warning him, "If you aren’t able to do that, I’m sure one of your colleagues can take up arguing this motion."

The debacle came at a time when Smith can't really afford any additional negative publicity, as the case is already far off the rails from where it began.

The hearing was related to Smith's request for Judge Cannon to modify the terms of Trump's release to include a gag order that would prohibit the former president from speaking badly about FBI agents or other law enforcement agents.

Trump took aim at FBI brass earlier this year in fundraising emails, which Smith took as an opening to have the former president silenced on the matter by the judge, arguing that such statements could put federal law enforcement agents at risk.

"These deceptive and inflammatory claims expose the law enforcement professionals who are involved in this case to unjustified and unacceptable risks," Smith's team wrote.

The Daily Mail noted:

Prosecutors cited the threat to law enforcement of people who might be inspired to carry out physical attacks, prompting questions from Cannon about a linkage.

Meanwhile, Smith's appointment has been challenged by Trump's lawyers -- and others -- who argue that U.S. Attorney General Merrick Garland illegally appointed him to the powerful prosecutorial position.

Only time will tell if Smith remains in the position he's in, and whether he gains back any ground against Trump and his lawyers.