1Donald Trump’s legal team told a judge overseeing the election
conspiracy case against him on Monday that prosecutors’ proposed
protective order aimed at preventing the public disclosure of evidence is
too broad and would restrict his First Amendment rights.
Lawyers for the early 2024 Republican presidential primary front-runner
said in court papers that the judge should impose a more limited order
that would bar the public release only of materials deemed “sensitive” —
such as grand jury documents — rather than all evidence handed over by the
government in the case accusing Trump of conspiring to overturn his 2020
election loss.
Prosecutors with special counsel Jack Smith’s team quickly countered with
their own filing accusing Trump of objecting to their proposal because he
wants to be able to use the government’s evidence to “try the case in the
media rather than in the courtroom.”
U.S. District Judge Tanya Chutkan said later Monday that she would hold a
hearing on the dueling proposals, and that Trump would not have to attend.
Prosecutors asked Friday for the protective order, which would impose
rules on what Trump and his defense team can do with evidence shared by
the government as they prepare for trial in the case unsealed last week.
Smith’s prosecution team has said a protective order — not unusual in
criminal cases — is particularly important in Trump’s case because of his
penchant for using social media. They have expressed concern that Trump
could improperly share sensitive case information online that could have a
“harmful chilling effect on witnesses.”
In their filing Friday seeking the order, prosecutors included a
screenshot of a post from Trump’s Truth Social platform that same day in
which he wrote, in all capital letters, “If you go after me, I’m coming
after you!”
Trump’s lawyers said citing that post to claim there’s a danger that Trump
might publish secret grand jury information was “a provocative claim when
searching for headlines, perhaps, but one that falters under minimal
scrutiny.”
The former president’s legal team said his post was “generalized political
speech” and had nothing to do with the case. A Trump spokesperson said
last week that the post was in response to “dishonest special interest
groups and Super PACs.”
Trump’s lawyers, who have characterized the case as an attack on his right
to free speech, told the judge that the need to protect sensitive
information about the case “does not require a blanket gag order over all
documents produced by the government.”
“In a trial about First Amendment rights, the government seeks to restrict
First Amendment rights,” Trump’s lawyers wrote. “Worse, it does so against
its administration’s primary political opponent, during an election season
in which the administration, prominent party members and media allies have
campaigned on the indictment and proliferated its false allegations.”
Trump’s lawyers accused President Joe Biden of trying to capitalize on the
indictment in posting what they called a “thinly veiled reference” to
Trump’s prosecution just hours before Trump’s court appearance last week.
They included a screenshot in their court filing of a tweet from from
Biden’s campaign account, which included a video of the president drinking
from a mug emblazoned with “Dark Brandon” — a meme featuring Biden with
lasers for eyes. The caption said, “A cup of Joe never tasted better.”
Trump’s lawyers on Saturday had asked for an extra three days to respond
to prosecutors’ request for the protective order, saying they needed more
time for discussion. But Chutkan who was nominated to the bench by former
President Barack Obama, swiftly denied that request.
Prosecutors said that they are ready to hand over a substantial amount of
evidence to Trump’s legal team and that much of it includes sensitive and
confidential information.
The prosecutors’ proposed order seeks to prevent Trump and his lawyers
from disclosing materials provided by the government to anyone other than
people on his legal team, possible witnesses, the witnesses’ lawyers or
others approved by the court. It would put stricter limits on “sensitive
materials,” which prosecutors said would include grand jury witness
testimony and materials obtained through sealed search warrants.
Prosecutors noted in court papers Monday that Trump has made several
comments about the case on social media even since they filed their
protective order request. They referenced one Trump post about former Vice
President Mike Pence — a potential witness in the case — in which Trump
called Pence “delusional.”
Donald Trump’s legal team told a judge overseeing the election conspiracy
case against him on Monday that prosecutors’ proposed protective order
aimed at preventing the public disclosure of evidence is too broad and
would restrict his First Amendment rights.
Lawyers for the early 2024 Republican presidential primary front-runner
said in court papers that the judge should impose a more limited order
that would bar the public release only of materials deemed “sensitive” —
such as grand jury documents — rather than all evidence handed over by the
government in the case accusing Trump of conspiring to overturn his 2020
election loss.
Prosecutors with special counsel Jack Smith’s team quickly countered with
their own filing accusing Trump of objecting to their proposal because he
wants to be able to use the government’s evidence to “try the case in the
media rather than in the courtroom.”
U.S. District Judge Tanya Chutkan said later Monday that she would hold a
hearing on the dueling proposals, and that Trump would not have to attend.
Prosecutors asked Friday for the protective order, which would impose
rules on what Trump and his defense team can do with evidence shared by
the government as they prepare for trial in the case unsealed last week.
Smith’s prosecution team has said a protective order — not unusual in
criminal cases — is particularly important in Trump’s case because of his
penchant for using social media. They have expressed concern that Trump
could improperly share sensitive case information online that could have a
“harmful chilling effect on witnesses.”
In their filing Friday seeking the order, prosecutors included a
screenshot of a post from Trump’s Truth Social platform that same day in
which he wrote, in all capital letters, “If you go after me, I’m coming
after you!”
Trump’s lawyers said citing that post to claim there’s a danger that Trump
might publish secret grand jury information was “a provocative claim when
searching for headlines, perhaps, but one that falters under minimal
scrutiny.”
The former president’s legal team said his post was “generalized political
speech” and had nothing to do with the case. A Trump spokesperson said
last week that the post was in response to “dishonest special interest
groups and Super PACs.”
Trump’s lawyers, who have characterized the case as an attack on his right
to free speech, told the judge that the need to protect sensitive
information about the case “does not require a blanket gag order over all
documents produced by the government.”
“In a trial about First Amendment rights, the government seeks to restrict
First Amendment rights,” Trump’s lawyers wrote. “Worse, it does so against
its administration’s primary political opponent, during an election season
in which the administration, prominent party members and media allies have
campaigned on the indictment and proliferated its false allegations.”
Trump’s lawyers accused President Joe Biden of trying to capitalize on the
indictment in posting what they called a “thinly veiled reference” to
Trump’s prosecution just hours before Trump’s court appearance last week.
They included a screenshot in their court filing of a tweet from from
Biden’s campaign account, which included a video of the president drinking
from a mug emblazoned with “Dark Brandon” — a meme featuring Biden with
lasers for eyes. The caption said, “A cup of Joe never tasted better.”
Trump’s lawyers on Saturday had asked for an extra three days to respond
to prosecutors’ request for the protective order, saying they needed more
time for discussion. But Chutkan who was nominated to the bench by former
President Barack Obama, swiftly denied that request.
Prosecutors said that they are ready to hand over a substantial amount of
evidence to Trump’s legal team and that much of it includes sensitive and
confidential information.
The prosecutors’ proposed order seeks to prevent Trump and his lawyers
from disclosing materials provided by the government to anyone other than
people on his legal team, possible witnesses, the witnesses’ lawyers or
others approved by the court. It would put stricter limits on “sensitive
materials,” which prosecutors said would include grand jury witness
testimony and materials obtained through sealed search warrants.
Prosecutors noted in court papers Monday that Trump has made several
comments about the case on social media even since they filed their
protective order request. They referenced one Trump post about former Vice
President Mike Pence — a potential witness in the case — in which Trump
called Pence “delusional.”
Prosecutors said Trump’s proposal aims to allow for the release of
transcripts and audio recordings of witness interviews conducted outside
the grand jury process.
“The Government has proposed a standard, reasonable order that will
streamline the flow of discovery to the defendant while preserving the
integrity of these proceedings. The defendant has proposed an unreasonable
order to facilitate his plan to litigate this case in the media, to the
detriment of litigating this case in the courtroom. Normal order should
prevail,” prosecutors wrote.
Trump has denied any wrongdoing in the case, as well as another
prosecution brought by Smith that accuses him of illegally hoarding
classified documents at his Mar-a-Lago estate in Palm Beach, Florida.
He has has characterized all the cases against him as an effort to take
down his 2024 campaign. His legal team has indicated that it will argue
that he had relied on the advice of attorneys around him in 2020 and that
Trump had a right to challenge an election that he believed had been
stolen.
Trump pleaded not guilty last week to four felony counts, including
conspiracy to defraud the U.S. and conspiracy to obstruct Congress’
certification of Biden’s electoral victory. The charges could lead to a
lengthy prison sentence in the event of a conviction, with the most
serious counts calling for up to 20 years.
It’s the third criminal case brought this year against Trump, but the
first to try to hold him responsible for his efforts to remain in power
during the chaotic weeks between his election loss and the attack by his
supporters on the U.S. Capitol on Jan. 6, 2021.
Smith also charged Trump in June with dozens of felony counts alleging the
former president illegally kept classified records after he left the White
House and obstructed government efforts to get them back. A new indictment
recently unsealed in that case accuses Trump of scheming with Mar-a-Lago
staffers to try to delete security footage sought by investigators.
Magistrate Judge Bruce Reinhart in that case imposed a similar protective
order in June that prohibits Trump and his legal team from publicly
disclosing evidence turned over to them by prosecutors without prior
approval.
Prosecutors said Trump’s proposal aims to allow for the
release of transcripts and audio recordings of witness interviews
conducted outside the grand jury process.
“The Government has proposed a standard, reasonable order that will
streamline the flow of discovery to the defendant while preserving the
integrity of these proceedings. The defendant has proposed an unreasonable
order to facilitate his plan to litigate this case in the media, to the
detriment of litigating this case in the courtroom. Normal order should
prevail,” prosecutors wrote.
Trump has denied any wrongdoing in the case, as well as another
prosecution brought by Smith that accuses him of illegally hoarding
classified documents at his Mar-a-Lago estate in Palm Beach, Florida.
He has has characterized all the cases against him as an effort to take
down his 2024 campaign. His legal team has indicated that it will argue
that he had relied on the advice of attorneys around him in 2020 and that
Trump had a right to challenge an election that he believed had been
stolen.
Trump pleaded not guilty last week to four felony counts, including
conspiracy to defraud the U.S. and conspiracy to obstruct Congress’
certification of Biden’s electoral victory. The charges could lead to a
lengthy prison sentence in the event of a conviction, with the most
serious counts calling for up to 20 years.
It’s the third criminal case brought this year against Trump, but the
first to try to hold him responsible for his efforts to remain in power
during the chaotic weeks between his election loss and the attack by his
supporters on the U.S. Capitol on Jan. 6, 2021.
Smith also charged Trump in June with dozens of felony counts alleging the
former president illegally kept classified records after he left the White
House and obstructed government efforts to get them back. A new indictment
recently unsealed in that case accuses Trump of scheming with Mar-a-Lago
staffers to try to delete security footage sought by investigators.
Magistrate Judge Bruce Reinhart in that case imposed a similar protective
order in June that prohibits Trump and his legal team from publicly
disclosing evidence turned over to them by prosecutors without prior
approval.
____
BY ALANNA DURKIN RICHER
August 7, 2023
Richer reported from Boston.
