Federal Prosecutors Request Protective Order in Trump Indictment Case
Federal prosecutors in the case against former President Donald J. Trump, who is facing charges of seeking to overturn the 2020 election, have asked a judge to impose a protective order over the discovery evidence. The request comes after Mr. Trump posted a threatening message on social media, prompting concerns about the safety of those involved in the case.
The prosecutors, under the leadership of special counsel Jack Smith, mentioned the incendiary post in their routine request to keep the evidence private. They wanted to draw attention to Mr. Trump’s history of attacking individuals involved in criminal cases against him. The judge assigned to the case, Tanya S. Chutkan, will now consider the prosecutors’ request.
Shortly after the government filed its request, Mr. Trump’s campaign released a statement defending the post as “the definition of political speech.” They argued that the message was directed at his political adversaries rather than anyone involved in the election interference case. According to Mr. Trump’s campaign, he was exercising his First Amendment rights.
The exchange began when Mr. Trump posted a vague but strongly worded threat on his social media platform, Truth Social. The government then filed its request for a protective order, citing Mr. Trump’s previous public statements on social media targeting witnesses, judges, attorneys, and others involved in legal matters against him.
To support their argument, the prosecutors included a screenshot of the threatening post from the former president. Mr. Trump’s campaign countered by posting a 60-second ad on X (formerly Twitter), denigrating the prosecutors as the “fraud squad” acting on behalf of President Biden.
The protective order request is just the latest development in Mr. Trump’s legal battles. The indictment against him alleges that his false claims of election fraud led to the violent attack on the Capitol on January 6, 2021. Mr. Trump’s defense is expected to argue that he was exercising his free speech rights as a political candidate.
Judge Chutkan has ordered Mr. Trump’s lawyers to respond to the government’s request by Monday. However, a dispute has already arisen between the legal teams, with Mr. Trump’s lawyer, John F. Lauro, requesting a delay until Thursday. The government objected, stating that the protective order is necessary to start sharing discovery evidence.
As the case moves forward, judges have repeatedly warned Mr. Trump about his use of threatening language. Justice Juan M. Merchan cautioned him in April to refrain from comments that could incite violence or civil unrest. Similarly, Judge Lewis A. Kaplan told Mr. Trump to stop posting about a federal rape and defamation lawsuit.
Despite these warnings, Mr. Trump has continued to ignore them and post threatening messages without consequences. It remains to be seen how Judge Chutkan will rule on the broader issues surrounding the protective order in Mr. Trump’s case.