WASHINGTON (AP) — It was a routine part of a federal court hearing: The defendant was instructed not to discuss the case with any witnesses without lawyers present.
But this case is far from routine. The defendant is Donald Trump, who stands accused of orchestrating a conspiracy to overturn the results of the 2020 election. The potential witness pool is extensive and includes individuals from Trump’s inner circle who were deeply involved in his reelection campaign, some of whom are currently employed by him. Trump continually repeats his lies about the election in almost every speech he gives.
According to Laurie Levenson, a law professor at Loyola Law School of Loyola Marymount University in Los Angeles, the standard language typically used may not be sufficient in this case when there are thousands of potential witnesses and Trump maintains daily contact with individuals who may be involved. Levenson explains, “Everything is more complicated in this case because of who the defendant is, what he has done and that he wants to be president again.”
A crucial test for Trump may arise on Friday as he attends the Alabama Republican Party’s annual Summer Dinner. He is also scheduled to deliver the keynote speech at the South Carolina GOP’s 56th Annual Silver Elephant Gala on Saturday. With his campaign events ongoing, the potential witness pool for his latest case is broad. The congressional hearings on the January 6, 2021, Capitol riot involved interviews with over 1,000 people, including some of Trump’s closest advisers and family members like Ivanka Trump and Donald Trump Jr.
Thus, there is a possibility that Trump may already be discussing the case in front of witnesses. Even during his travel to Washington for his arraignment, Trump was accompanied by top aides, including Jason Miller and Boris Epshteyn. Miller had a prominent role in the congressional hearings regarding January 6, and Epshteyn was involved in efforts to overturn the election results.
These complexities stem from the intertwining of Trump’s campaign and his legal issues. Steven Cheung, a spokesman for the Trump campaign, acknowledged that the legal messaging is intertwined with the political messaging and vice versa. The Trump campaign has focused heavily on the legal issues, using them as a significant part of their campaign messaging.
In Trump’s speeches, he frequently references the 2020 election, boasting that he ran twice and won twice, while vowing to run again. He often discusses the cases he is facing, portraying them as politically motivated attempts to harm his candidacy. Many of Trump’s close advisers could potentially serve as witnesses. Some, like Jason Miller, were part of his 2020 campaign, while others are new additions to his 2024 campaign.
This issue has arisen before when Trump faced federal charges for illegally withholding classified records at his Mar-a-Lago estate and refusing government demands to return them. At that time, there was a discussion between the judge and Trump’s lawyers regarding his interactions with his co-defendant. Todd Blanche, Trump’s attorney, noted that Trump interacts with potential witnesses and co-defendant Walt Nauta regularly, whether at Mar-a-Lago or his other clubs.
The judge allowed Trump to speak with Nauta but prohibited discussing the case. Nauta accompanied Trump to Washington for his arraignment and held an umbrella for him as he spoke to reporters before departing for Bedminster, New Jersey. Trump referred to the latest case as “persecution” by President Joe Biden, his political opponent.
During his arraignment, Trump pleaded not guilty to four counts, including conspiracy to defraud the United States. He agreed not to discuss the case with witnesses without lawyers present and not to attempt to influence potential jurors or tamper with witnesses. U.S. Magistrate Judge Moxila Upadhyaya warned him that failure to abide by these conditions could result in an arrest warrant being issued. Typically, a formal witness list is presented closer to the trial, although prosecutors often identify potential witnesses earlier.
Trump has a history of speaking freely about off-limits subjects and has been accused of defying court orders in the past. He has also faced reprimands from judges overseeing other prosecutions for making comments that could incite violence or civil unrest. Prosecutors in Georgia have also been investigating Trump and his allies for their efforts to overturn his election loss in the state.