Federal Special Counsel Jack Smith uses A social media post that appears to be a threat Former President Donald Trump to advance his case for a protective order in his federal trial over attempts to overturn the 2020 presidential election. The federal government is looking for this order to be enforced before turning over the information to Trump’s legal team as part of the discovery process.
in Proposal on Friday“Such a restriction is particularly important in this case because the accused has previously made public statements on social media regarding witnesses, judges, attorneys and others related to legal matters pending against him,” prosecutors said.
The request continues: “In recent days, in connection with this case, Defendant has made multiple posts—either specifically or by implication—including the following, which Defendant had made only hours earlier.”
It then includes a screenshot of Trump’s post on his Truth Social platform, captioned, “If you go after me, I’ll come after you!”
The government is seeking the order over what it describes as “sensitive and confidential information” in the material it will hand over to Trump’s team when it is discovered. It previously requested such an order on Wednesday. The Trump team proposed their own version of the order on Friday, but prosecutors argue that version is insufficient.
The motion argues that if Trump made public flyers with the details obtained when he was discovered, “they could have a chilling effect on witnesses or adversely affect the fair administration of justice in this case.”
Trump’s team has said it needs to receive discovery from prosecutors before proposing a trial date and estimating how long the defense will need for its case.
It also includes an option for either side to check for modifications at any time. The government argues that this means that “the defendant is in a better position to receive discovery under the terms of the proposed order than to receive no discovery while awaiting such application.”
They also asked the government to issue the order without waiting for a brief response from the Trump team. The judge ordered the Trump team to respond by Monday, but they responded with a motion on Saturday asking for an extension of their time to file a response.
The proposed protective order places no restrictions on materials already in the possession of either side or on public documents. The defendant and his attorney are permitted to use material turned over by the government in its discovery in connection with his defense, while being prohibited from disclosing that material outside of that defense and potential witnesses.
You can Read the full proposed order here.
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