US prosecutor in January 6 case files order to block publication of some evidentiary materials News
Tyler Merbler from USA, CC BY 2.0 , via Wikimedia Commons
US prosecutor in January 6 case files order to block publication of some evidentiary materials

Jack Smith, the Special Prosecutor handling former President Donald Trump’s case related to the January 6th Insurrection and alleged election interference, filed a motion Friday requesting a protective order to prevent Trump from making public some evidentiary materials due to statements made on Trump’s social media.

In the motion, Smith argued that “[i]f the defendant were to begin issuing public posts using details—or, for example, grand jury transcripts—obtained in discovery here, it could have a harmful chilling effect on witnesses or adversely affect the fair administration of justice in this case.” The proposed order, filed along with the motion, states, “The defendant and defense counsel shall not disclose the Materials or their contents directly or indirectly to any person or entity other than persons employed to assist in the defense, persons who are interviewed as potential witnesses, counsel for potential witnesses, and other persons to whom the Court may authorize disclosure…”

Trump’s legal team responded to the motion, requesting more time to file an official response objecting to the proposed protective order. However, DC District Court Judge Tanya S. Chutkan denied the request early Saturday morning, setting a deadline of August 7th for Trump’s legal team to respond to the motion.

Trump’s attorney John Lauro responded publicly to the proposed protective order in an interview on State of Union on CNN news channel, stating, “The press and the American people in a campaign season have a right to know what the evidence is in this case provided that this evidence is not protected otherwise.”

Trump stands accused of conspiracy to defraud the US government, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding and conspiracy against US voters’ civil rights and has pleaded not guilty on all four counts. The charges stem from Trump’s response to his 2020 election loss and the resulting rioting that lead to the storming of the Capitol building on January 6, 2021.

Trump is also facing several other criminal and legal battles as he begins his 2024 run for president. He faces over 37 counts in a criminal case regarding classified document retention and storage in Florida, a New York-based criminal case over falsified business records and a grand jury in Georgia also over allegations of election interference. Trump is also facing a civil defamation case from author E. Jean Carroll whom Trump called a liar when she accused him of sexual assault. A similar protective order to the one proposed by Smith in the election interference case is in place in the Florida classified documents case. Federal Election Commission (FEC) filings from the end of July show that one of the largest Trump-aligned Political Action Committees (PAC) has spent over $20 million on Trump’s legal fees.

Trump’s team will now be given leave to file a response to the motion for a protective order by August 7th, with the court potentially scheduling a hearing to further discuss the proposed order after the response is filed.