By Alanna Durkin Richer | Associated Press
Donald Trump’s legal team is urging the judge in the election conspiracy case against him to reject the proposed protective order by prosecutors. They argue that the order is overly broad and infringes on Trump’s First Amendment rights.
The lawyers propose a more limited protective order that would only prevent the disclosure of sensitive materials, such as grand jury documents. They state that there is no need for a blanket gag order on all government-produced documents.
Trump’s legal team claims that the government is seeking to restrict his First Amendment rights in a trial about First Amendment rights. They argue that the case is targeting Trump, his primary political opponent, during an election season where false allegations have been proliferated.
The defense filing is in response to a request from special counsel Jack Smith’s team for a protective order. The proposed order aims to restrict Trump and his lawyers from disclosing government-provided materials to anyone other than their legal team, witnesses, and approved individuals.
The government’s proposal would allow Trump to only view sensitive documents, not obtain copies himself. Prosecutors argue that this protective order is necessary due to Trump’s tendency to discuss legal cases against him on social media.
Prosecutors included a screenshot of a post from Trump’s Truth Social platform where he wrote, “If you go after me, I’m coming after you!”
Trump has denied any wrongdoing in this case as well as another federal case accusing him of hoarding classified documents at his Mar-a-Lago estate.
The prosecutors state that they are ready to hand over a substantial amount of evidence to Trump’s legal team, including sensitive and confidential information. They argue that public disclosure of this information could harm witnesses and the fair administration of justice.
Last week, Trump pleaded not guilty to four felony counts, including conspiracies to defraud the U.S. and obstruct Congress’ certification of Joe Biden’s electoral victory.
This is the third criminal case brought against Trump this year, but the first one related to his efforts to remain in power following the 2020 election and the Capitol attack on January 6, 2021.
Magistrate Judge Bruce Reinhart previously imposed a similar protective order in another case against Trump.
Trump has portrayed these cases as an attempt to undermine his 2024 campaign. His legal team intends to argue that he relied on the advice of his attorneys in 2020 and that this latest case infringes on his right to free speech and his right to challenge an allegedly stolen election.
Trump’s lawyers requested an additional three days to respond to the protective order request, but the judge denied their request.