The Justice Department has appealed to a federal judge presiding over the criminal proceedings against former President Donald Trump in Washington. This plea comes in response to an online post made by Trump that seemingly alluded to seeking vengeance against those who pursue legal action against him.
On Friday, the prosecution requested U.S. District Court Judge Tanya Chutkan to issue a protective order pertaining to the evidence in the case. This move follows Trump’s not guilty plea to charges of attempting to overturn the 2020 election results and obstructing a peaceful transfer of power. Unlike a traditional “gag order,” this measure would restrict the public dissemination of information about the case by Trump and his legal team, particularly concerning the lawsuit brought by special counsel Jack Smith.
Chutkan granted Trump’s legal team until 5 p.m. Monday to respond to the government’s request. However, Trump’s legal team, aiming to delay the proceedings despite the prosecution’s commitment to a swift trial, requested an extension of the response deadline to Thursday and a hearing on the matter.
Trump’s lawyers conveyed their willingness to collaborate on an appropriate protective order, expressing hope that the government would engage in constructive dialogue. They criticized the prosecution for submitting their proposal without sufficient time for both sides to discuss the matter.
Although such protective orders are common in criminal cases, the prosecutors argued that it holds “particular significance in this instance.” This is due to Trump’s social media posts referencing “witnesses, judges, attorneys, and others involved in ongoing legal matters against him.”
The prosecutors specifically cited a post from Trump’s Truth Social platform earlier on Friday, where he wrote in uppercase letters, “If you go after me, I’m coming after you!”
The prosecution confirmed its readiness to provide a “substantial” amount of evidence, which includes sensitive and confidential information, to Trump’s legal team. However, they expressed concern that Trump might potentially share grand jury transcripts or other evidence from the Justice Department, which could negatively impact witnesses and disrupt the fair administration of justice.
The proposed protective order by the prosecutors seeks to prohibit Trump and his legal representatives from disclosing government-provided materials to anyone except members of his legal team, potential witnesses, the witnesses’ lawyers, or other parties approved by the court. Stricter limitations would be imposed on “sensitive materials,” encompassing grand jury witness testimonies and evidence obtained through sealed search warrants.
A spokesperson for Trump contended that the former president’s post constitutes “purely political speech” and was made in response to “misleading special interest groups and Super PACs.”
Chutkan, nominated to the bench by President Barack Obama and a former assistant public defender, has earned a reputation for being stringent towards the rioters involved in the January 6, 2021, attack on the Capitol, fueled by Trump’s baseless claims of election fraud.
The recently unsealed indictment accuses Republican Trump of actively collaborating with allies to propagate falsehoods and devise schemes aimed at overturning his defeat to Democrat Joe Biden. This occurred as his legal challenges faced setbacks in court.
The indictment provides a detailed account of how Trump and his associates consistently propagated false information during the two months following the election, pressuring Vice President Mike Pence and state election officials to support his bid to retain power. The charges against Trump include conspiracy to defraud the U.S. and conspiracy to obstruct Congress’ certification of Biden’s election victory.
This marks the third criminal case filed this year against the leading contender in the 2024 Republican presidential primary. However, it’s the first case attempting to hold Trump accountable for his actions during the tumultuous period between his election loss and the January 6, 2021, Capitol attack carried out by his supporters.
Smith has also lodged charges against Trump in a Florida federal court, accusing him of unlawfully retaining classified documents at his Mar-a-Lago estate and impeding government efforts to recover them.
In June, a magistrate judge in the Florida case issued a protective order preventing Trump and his legal team from publicly disclosing evidence provided by the prosecution without prior authorization. Prosecutors are now pursuing an additional protective order with more stringent regulations regarding the handling of classified evidence by the defense team.
Following his appearance in the Washington case on Thursday, Trump denounced the prosecution as a “persecution” aimed at undermining his 2024 presidential campaign. His legal team has framed it as an assault on his freedom of speech and his right to challenge an election outcome he believed was rigged.
Prosecutor Smith has expressed intent to secure a “swift trial” against Trump in the election-related case. Judge Chutkan has instructed the government to submit a brief outlining a trial date by Thursday. The first court hearing before Chutkan is scheduled for August 28.
Trump is also slated to stand trial in March in a New York case stemming from hush-money payments during the 2016 campaign and in May in the classified documents case.
