More now on the breaking news that we are getting in just this hour tonight in the Trump classified documents case. Is Jack Smith, the special counsel and prosecutors are asking Judge Eileen Canon in Florida to place a gag order on former President Donald Trump in the wake of his, quote, false and inflammatory statements suggesting that law enforcement agents were authorized to assassinate him when they executed a search warrant at Mar-Lago. They had a standard deadly use of force policy. They had the exact same one when they conducted that search for documents at President Biden's home. I should note that is something that attorney general Merrick Garland reminded everyone of this week when he was asked about this. Jack Smith in this filing tonight is arguing that Trump's comments has endangered law enforcement officers involved in this investigation and the prosecution of this case, and that it threatens the integrity of the proceedings as well. This is an extraordinary step by special counsel Jack Smith, one that we have not seen him take yet. For more on this, I want to bring in the former FBI Deputy Director, Andrew McCabe. Andrew Let me read you part of this filing that we're truly just reading as we're on air right now.

But Jack Smith's team says, they're talking about the implications of Trump's comments and that it's echoed by his Republican allies. They say, professional law enforcement officers and agents in this country put their lives on the line every day and carrying out their duties to enforce the law. And they're saying that when executing court-authorized warrants, those professionals face many uncertainties and potentially grave risks. And they're saying to minimize that, So agents here are just planning for all contingencies. That is part of their job. And that is why you could read about that deadly use of force policy in this search warrant.

That's absolutely right, Kaitlyn. So this is, I It's important to understand the context. This is an operations plan, which is required for the execution of every search warrant and arrest warrant that FBI agents engage in. This is part of FBI policy. The operations plan includes tons of information, primarily for the other agents who are going to take part in that operation. It tells them where to go, when to be there, who's going to be driving which vehicles, all sorts of things like that. This particular section is required. It is part of the form. It's not even something that agents have to type in on every plan because it's baked into the form. And that is a recitation of the DOJ's authorisation to use legal force. I'm sorry, lethal force. The reason it's there is to make sure that every agent who goes out on this operation understands the limits of using lethal force, that they're only authorized to use it to protect their life or the life of someone else. It is not an authorisation or some statement of intent or direction for the operation. It is the legal limit on how agents can use lethal force in the course of their duties, and it's the same on every single operation.

I mean, I just wonder what it's like for you to see I see these comments that Trump's fundraising off of this saying the FBI was, in all caps, authorized to shoot me, that they were itching to do the unthinkable, and that they were, locked and loaded, ready to take me out and put my family in danger.

Yeah, we've known for a while that there's absolutely no limit to the lies and the slander that the former President will say and use against the FBI and its people, particularly. He has been doing this for years, but this actually, for me, reaches an all time low, right? He is quite literally putting those agents and the people who supported them on this mission in mortal danger. This is a direct effort to inflame his supporters, to inflame his base, some of whom, not the majority, but some of whom we know, listen to these directions and these lies very carefully and then take action based upon what they hear the former President say. So I think that the special counsel is doing absolutely the right thing and the necessary thing here to try to put some restraint on him that will potentially keep these agents from getting harmed.

I also have George Conway here joining us, Andrew, on this breaking news. And I mean, George Conway, obviously, I don't think it's any secret to anyone who's watching. You're not a fan of Donald Trump's. But for something like this, for someone who declares himself the law and order President and talks about how he's there to back the blue and attends memorial services for officers here in New York, and then to see how he's talking about these law enforcement officers simply because they work under the umbrella of the FBI and how he feels about the FBI is quite remarkable when you read how Jack Smith puts it in these stark terms here in this filing.

Yeah, and I don't think there are terms that are stark enough to describe what Donald Trump has done here. I mean, he's a path logical lie, or he lies about everything. But this lie is just an exceedingly dangerous lie, as the attorney general and Mr. Mccabe has pointed out. It's an attack on the entire system, the legal system as Judge Grasso put it before the break. To emphasize how dramatic this is, this message is going out to tens of millions of people who are on the campaign mailing list. I have the email right here, the campaign email, I nearly escaped death from Donald Trump. Again, they're fishing, they're just itching to do the unthinkable. There it is. He's basically accusing the government of trying to take him out. Ten million people get this email. I don't know how many people get this email. All it takes is one or two of them to shoot somebody thinking that, Hey, if the government's trying to shoot my president, I'm going I'm going to fight back. It's absolutely appalling. I want to point out one other thing about this motion, which is a little a lesser aspect of it, but this really puts Judge Canon on the spot.

This woman has absolutely completely shown an absolute bias against the government from day one in multiple ways. She's dragging her feet on this case. If she does not do something about this, I think the special counsel may use this as the opportunity to try to get the 11th Circuit to get rid of her. She's really on the spot here. She's actually going to have to... Do you think she will, George? Do you think that she will do something? I don't know, but she better because this is just completely outrageous. I mean, it is really an attempt to incite violence against government agents based on the complete pathological lie and misreading and gross, just absolutely obscene misreading of a standard document that limits the use of force. It's absolutely The notion that so many people had to participate to send this email and are beholden to Trump and are doing these things just shows you the level of just moral depravity that Trump emanates and that surrounds him. Words cannot describe that level of depravity to send this message out.

Yeah. I think it's safe to say it's an intentional misreading. We'll see what Judge Canon decides here. Obviously, this is now in her hands. George Conway, thank you for jumping on this breaking news with us. Also to you, Andrew McCabe, I really appreciate having both of your.