Donald Trump’s legal team appeared in court today to challenge a proposed protective order put forth by the prosecutors in the election conspiracy case against him. They argued that the order, which aims to prevent the public disclosure of evidence, is overly broad and infringes upon Trump’s First Amendment rights.
The lawyers representing the former president, who is considered an early frontrunner for the 2024 Republican presidential primary, suggested a more limited order that would only restrict the release of “sensitive” materials, such as grand jury documents. They believe that not all evidence handed over by the government should be subject to the order in the case accusing Trump of conspiring to overturn his 2020 election loss.
Prosecutors justified their request for a protective order by highlighting Trump’s frequent use of social media and expressing concerns about him sharing sensitive case information online, which could potentially threaten witnesses. They presented a screenshot of a post from Trump’s Truth Social platform as evidence, where he emphatically stated, “If you go after me, I’m coming after you!”
Trump’s lawyers dismissed this as an unfounded claim, arguing that the post was merely “generalized political speech” unrelated to the case. Trump’s spokesperson also clarified that the post was in response to “dishonest special interest groups and Super PACs.”
In their response to the prosecutors’ request, Trump’s legal team emphasized that the protection of sensitive information in the case should not require a blanket gag order on all government-produced documents. They criticized the government for seeking to restrict First Amendment rights in a trial centered around those very rights. Moreover, they highlighted the context of the case taking place during an election season where the indictment has been propagated with false allegations by the administration, prominent party members, and media allies.
This filing from Trump’s defense team is in response to the prosecutors’ request for a protective order, which seeks to establish rules governing the use of evidence provided by the government by Trump and his legal team as they prepare for trial. The prosecutors’ proposed order aims to limit the disclosure of materials to only those approved by the court, including Trump’s defense team, possible witnesses, and their lawyers. It also places stricter restrictions on “sensitive materials,” encompassing grand jury witness testimony and materials obtained through sealed search warrants, for instance.
The prosecutors asserted that they are ready to hand over a substantial amount of evidence to Trump’s legal team, much of which includes sensitive and confidential information.
Trump has consistently denied any wrongdoing not only in this case but also in another federal case that accuses him of unlawfully retaining classified documents at his Mar-a-Lago estate in Palm Beach, Florida. He perceives all these cases as attempts to undermine his 2024 campaign. His legal team intends to argue that he acted based on the advice of his attorneys in 2020 and that he had a right to challenge an election he believed was stolen.
Last week, Trump pleaded not guilty to four felony counts, including conspiracy to defraud the U.S. and conspiracy to obstruct Congress’ certification of Joe Biden’s electoral victory. These charges carry the potential for a lengthy prison sentence, with the most serious counts punishable by up to 20 years.
This is the third criminal case brought against the early frontrunner for the 2024 Republican presidential primary this year. However, it is the first case directly addressing his actions and responsibility in the period between his election loss and the attack on the U.S. Capitol by his supporters on January 6, 2021.
Earlier this year, Smith also charged Trump with numerous felony counts related to the illegal retention of classified records after leaving the White House and obstructing government efforts to retrieve them. A recent indictment in that case alleges that Trump conspired with Mar-a-Lago staff to delete security footage sought by investigators.
Magistrate Judge Bruce Reinhart previously issued a protective order in June in response to this case, preventing Trump and his legal team from publicly disclosing evidence without prior approval. Prosecutors are now seeking another protective order with more specific rules governing the defense team’s handling of classified evidence.
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