Justice Department Requests Protective Order in Criminal Case Against Former President Donald Trump
The Justice Department has asked a federal judge overseeing the criminal case against former President Donald Trump to issue a protective order after he released a post online that appeared to promise revenge on anyone who goes after him. Prosecutors have requested U.S. District Court Judge Tanya Chutkan to limit what information Trump and his legal team can share publicly about the case brought by special counsel Jack Smith.
While protective orders are common in criminal cases, prosecutors argue that it is particularly important in this case due to Trump’s social media posts about individuals associated with the legal matters pending against him. Specifically, they pointed to a post on Trump’s Truth Social platform where he wrote, “If you go after me, I’m coming after you!” Prosecutors expressed concerns that if Trump were to disclose grand jury transcripts or other evidence provided by the Justice Department, it could have a harmful chilling effect on witnesses and adversely affect the fair administration of justice in the case.
The proposed protective order aims 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 also impose stricter limits on sensitive materials, including grand jury witness testimony and materials obtained through sealed search warrants.
In response to the request, a spokesperson for Trump stated that his post is the definition of political speech and was made in response to dishonest special interest groups and Super PACs.
The indictment unsealed this week accuses Trump of conspiring with allies to spread falsehoods and concoct schemes to overturn his election loss to President Joe Biden. The indictment details how Trump and his Republican allies repeatedly lied about the election results and pressured Vice President Mike Pence and state election officials to help him cling to power.
Trump faces charges including conspiracy to defraud the U.S. and conspiracy to obstruct Congress’ certification of Biden’s electoral victory. This is the third criminal case brought against Trump this year, but it is the first case to hold him responsible for his efforts to remain in power during the weeks between his election loss and the attack on the U.S. Capitol on January 6, 2021.
Prosecutors have expressed their intention to seek a speedy trial in the election case. Judge Chutkan has ordered the government to propose a trial date by Thursday, with the first court hearing scheduled for August 28.
In addition to this case, Trump is already scheduled to stand trial in March in a New York case related to hush-money payments made during the 2016 campaign and in May in a federal case in Florida related to classified documents found at his Mar-a-Lago estate.
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Richer reported from Boston.
What are the key reasons provided by prosecutors for requesting a protective order in the Trump case?
Case.
In their request, prosecutors stated that a protective order would be necessary to safeguard the integrity of the ongoing investigation and to ensure that witnesses and potential jurors are not influenced or intimidated by Trump’s statements. They argued that Trump’s public remark raises concerns about witness tampering and obstruction of justice.
The protective order would aim to restrict Trump and his legal team from discussing certain aspects of the case in public, including sensitive evidence, witness identities, grand jury testimony, and other confidential information. It would also prohibit them from making any statements that could potentially harm the fair administration of justice or interfere with the ongoing investigation.
Prosecutors emphasized that while they respect the First Amendment rights of all parties involved, they believe that the public release of certain information could jeopardize the integrity of the legal process. They believe that imposing restrictions on Trump’s ability to publicly discuss the case is necessary to maintain the fairness and impartiality of the proceedings.
This request for a protective order comes as the criminal case against Trump gains momentum. Special counsel Jack Smith is investigating a range of potential charges, including obstruction of justice, campaign finance violations, and fraud. The case has attracted significant attention and scrutiny, and prosecutors are determined to ensure that it is conducted in a fair and unbiased manner.
Judge Tanya Chutkan now has to decide whether to grant the Justice Department’s request for a protective order. Her decision will have significant implications for the public’s access to information about the case and the ability of Trump and his legal team to communicate about it. The outcome of this decision could shape the future of the criminal proceedings against Trump and the level of transparency surrounding them.
