Donald Trump鈥檚 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 鈥渟ensitive" 鈥 such as grand jury documents 鈥 rather than all evidence handed over by the government in the case accusing Trump of .
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 鈥渢ry the case in the media rather than in the courtroom.鈥
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 鈥 not unusual in criminal cases 鈥 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 鈥渉armful chilling effect on witnesses.鈥
In their filing Friday seeking the order, prosecutors included a screenshot of a post from Trump鈥檚 Truth Social platform that same day in which he wrote, in all capital letters, 鈥淚f you go after me, I鈥檓 coming after you!鈥
Trump鈥檚 lawyers said citing that post to claim there鈥檚 a danger that Trump might publish secret grand jury information was 鈥渁 provocative claim when searching for headlines, perhaps, but one that falters under minimal scrutiny.鈥
The former president鈥檚 legal team said his post was 鈥済eneralized political speech鈥 and had nothing to do with the case. A Trump spokesperson said last week that the post was in response to 鈥渄ishonest special interest groups and Super PACs.鈥
Trump's lawyers, who have characterized the case as an attack on his , told the judge that the need to protect sensitive information about the case 鈥渄oes not require a blanket gag order over all documents produced by the government.鈥
鈥淚n a trial about First Amendment rights, the government seeks to restrict First Amendment rights,鈥 Trump's lawyers wrote. 鈥淲orse, it does so against its administration鈥檚 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.鈥
Trump's lawyers accused President Joe Biden of trying to capitalize on the indictment in posting what they called a 鈥渢hinly veiled reference鈥 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 鈥 a meme featuring Biden with lasers for eyes. The caption said, "A cup of Joe never tasted better."
Trump鈥檚 lawyers on Saturday had asked for an extra three days to respond to prosecutors鈥 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鈥檚 legal team and that much of it includes sensitive and confidential information.
The prosecutors鈥 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鈥 lawyers or others approved by the court. It would put stricter limits on 鈥渟ensitive materials,鈥 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 鈥 a potential witness in the case 鈥 in which Trump called Pence 鈥渄elusional."
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.
鈥淭he 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 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 to four felony counts, including conspiracy to defraud the U.S. and conspiracy to obstruct Congress鈥 certification of Biden鈥檚 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鈥檚 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. 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.
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Richer reported from Boston.
