By Alanna Durkin Richer | Associated Press
The Justice Department has requested the intervention of U.S. District Court Judge Tanya Chutkan in the criminal case against former President Donald Trump in Washington. This comes after Trump made a post online that seemed to imply retaliation against those who pursue legal action against him.
In response, prosecutors have asked Judge Chutkan to issue a protective order regarding the evidence in the case. This order, distinct from a “gag order,” would place restrictions on what Trump and his legal team can publicly share about the case being brought by special counsel Jack Smith. The request for a protective order was made a day after Trump pleaded not guilty to charges of attempting to overturn his 2020 election loss and impede the peaceful transition of power.
Judge Chutkan has given Trump’s legal team until 5 p.m. on Monday to respond to the government’s request. However, his legal team has filed a motion to extend the response deadline until Thursday and to schedule a hearing on the matter, indicating their intention to slow down the proceedings despite the prosecution’s promise of a swift trial.
Trump’s lawyers have expressed their willingness to engage in sincere discussions about an appropriate protective order and hope that the government will accept their invitation to do so. They have criticized the prosecutors for filing their proposal without allowing the two sides enough time to confer.
In criminal cases, protective orders are a common practice. However, prosecutors argue that it is “particularly important in this case” due to Trump’s social media posts about individuals involved in the legal proceedings against him, including witnesses, judges, and attorneys.
Prosecutors specifically pointed to a recent post Trump made on his Truth Social platform, in which he stated, in capitalized letters, “If you go after me, I’m coming after you!”
The prosecutors have stated that they are ready to provide a significant amount of evidence, much of which contains sensitive and confidential information, to Trump’s legal team.
They have informed the judge that if Trump were to publicly share grand jury transcripts or other evidence provided by the Justice Department, it could negatively impact witnesses and impede the fair administration of justice in this case.
The proposed protective order aims to prevent Trump and his lawyers from disclosing government-provided materials to anyone beyond his legal team, approved witnesses, their attorneys, or individuals authorized by the court. It would impose stricter limitations on “sensitive materials,” including grand jury witness testimony and evidence obtained through sealed search warrants.
A spokesperson for Trump has characterized his post as a form of political speech, responding to what he perceives as dishonest special interest groups and Super PACs.
Judge Chutkan, appointed by President Barack Obama and a former assistant public defender, has been known for her tough stance against the individuals who participated in the Jan. 6, 2021, attack on the Capitol, fueled by Trump’s baseless claims of election fraud.
The indictment recently unsealed accuses Republican Trump of conspiring with allies to spread false information and develop schemes to overturn his election defeat to Democrat Joe Biden, as his legal challenges in court failed.
The indictment outlines how Trump and those aligned with him repeatedly lied about the election results for two months after his loss, pressuring Vice President Mike Pence and state election officials to take action in order to help Trump maintain his hold on power.
Trump is facing charges that include conspiracy to defraud the U.S. and conspiracy to obstruct Congress’ certification of Biden’s victory. This is the third criminal case brought against the early frontrunner in the 2024 Republican presidential primary, but it is the first case aimed at holding Trump accountable for his actions during the chaotic weeks between his election loss and the Jan. 6, 2021, attack on the U.S. Capitol.
Smith has also charged Trump in a separate federal court case in Florida, accusing him of illegally retaining classified documents at his Mar-a-Lago estate and obstructing the government’s efforts to retrieve them.
In response to the prosecution, Trump has characterized it as persecution designed to undermine his 2024 presidential campaign. His legal team argues that it constitutes an attack on his right to free speech and his right to challenge an election that he believed was fraudulent.
Smith has stated that the prosecution will pursue a “speedy trial” in the election case against Trump. Judge Chutkan has instructed the government to propose a trial date by Thursday. The first court hearing before Judge Chutkan is scheduled for Aug. 28.
In addition to the Washington case, Trump is also scheduled to stand trial in March in the New York case related to hush-money payments made during the 2016 campaign and in May in the case involving classified documents.
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