In the government’s election conspiracy case against former President Donald Trump, his attorneys have urged a federal judge to reject a proposed protective order, claiming that it would infringe on his First Amendment rights by limiting the public release of evidence.
The special counsel team led by Jack Smith initially requested U.S. District Judge Tanya Chutkan to issue a protective order for the evidence shared with Trump’s legal team in preparation for the trial. While such requests are common, the prosecutors expressed concern about Trump’s use of social media, which could potentially pose challenges as the case progresses.
To support their argument, Smith’s team included a screenshot of a Truth Social message posted by Trump, in which he stated emphatically: “IF YOU GO AFTER ME, I’M COMING AFTER YOU!”
A protective order is a standard measure that restricts the use of evidence collected by prosecutors and shared with the opposing party before the trial begins. Generally, the court can order that the evidence be used solely for case-related purposes and not be made public.
In response, Trump’s lawyers filed their own motion, requesting the judge to limit the protective order to genuinely sensitive material.
“In a trial about First Amendment rights, the government seeks to restrict First Amendment rights,” Trump’s attorneys argued. “Even worse, it does so against its primary political opponent during an election season in which the administration, prominent party members, and media allies have campaigned on the indictment and spread false allegations.”
Smith’s team swiftly responded, accusing Trump of attempting to try the case in the media rather than in the courtroom. Prosecutor Thomas Windom criticized a Trump attorney for appearing on numerous television programs to discuss the case in detail.
Judge Chutkan has ordered both parties to meet and scheduled a hearing by Friday to make a decision on the matter.
Prosecutors have expressed concern that Trump may continue to attack the case, intimidate witnesses, and ignite his supporters. Following his indictment, the former president spent the weekend denouncing Smith as “deranged” and suggesting that Chutkan should recuse herself.
“The defendant has previously made public statements on social media regarding witnesses, judges, attorneys, and others involved in legal matters against him,” stated Smith’s team in Friday’s filing. “If the defendant were to publicly disclose details or grand jury transcripts obtained during discovery, it could have a chilling effect on witnesses or undermine the fair administration of justice in this case.”
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