Special Counsel Jack Smith's team is arguing in favor of a gag order on former President Donald Trump but in a hearing on Monday, Smith's team angered Judge Aileen Cannon.

David Harbach, who is one of Smith's top prosecutors, issued a statement on Monday inside the courtroom saying, "I just want to apologize about earlier. I didn’t mean to be unprofessional. I’m sorry about that."

This apology came after Cannon lashed out at Harbach saying, "I don’t appreciate your tone... If you aren’t able to do that, I’m sure one of your colleagues can take up arguing this motion."

This exchange occurred after Cannon grilled Harbach on the prosecution's claim that Trump made threats to law enforcement personnel.

Trump has been attacking the FBI for years and specifically blasted them after it was revealed that they were authorized to use lethal force in their raid on his home last year. Smith's team is attempting to use that anger to justify gagging Trump.

Judge Cannon Not Complying

Cannon has been a major thorn in Smith's side as she has actually forced the prosecution to do their job and prove that Trump is guilty.

Unlike the other indictments that are overseen by leftist judges with a vendetta against Trump, Cannon is actually doing her job and demanding accountability from both the defense and the prosecution.

Harbach is on Cannon's bad side as is Smith himself with his obfuscation and refusal to provide clear information to Trump's lawyers.

It's also worth noting that Harbach is tied to former FBI Director James Comey in case anyone needed a reminder about the connection between Smith's team and the deep state.

Trump accused the FBI of planning his assassination because of the authorization of the use of lethal force during the raid at Trump's Mar-a-Lago where classified documents were reportedly discovered.

In a post to Truth Social, Trump said, "Crooked Joe Biden’s DOJ, in their Illegal and UnConstitutional Raid of Mar-a-Lago, AUTHORIZED THE FBI TO USE DEADLY (LETHAL) FORCE. NOW WE KNOW, FOR SURE, THAT JOE BIDEN IS A SERIOUS THREAT TO DEMOCRACY. HE IS MENTALLY UNFIT TO HOLD OFFICE — 25TH AMENDMENT!"

Gag Order Prospects

Trump is right to be angry about what the FBI did and with the violent rhetoric from Democrats, it isn't crazy to talk about the possibility of the FBI shooting Trump had he been there that night.

Those facts combined with the fact that Smith's team has found themselves on Judge Cannon's bad side indicate that it is unlikely that a gag order on Trump will survive.

Trump has had a fair number of legal defeats lately but Judge Cannon has been a massive help for him. Smith's indictment is on thin ice and it may not be long before Cannon finally puts an end to this partisan charade.