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The judge overseeing former President Donald Trump’s criminal trial in Washington, DC has ordered the former president to respond to a motion filed by Special Counsel Jack Smith.
Federal District Judge Tanya Chutkan issued her order on Saturday, hours after Smith filed the motion with the court, Mediaite reported.
“MINUTE ORDER as to DONALD J. TRUMP: It is hereby ORDERED that by 5:00 PM on August 7, 2023, Defendant shall file a response to the government’s 10 Motion for Protective Order, stating Defendant’s position on the Motion. If Defendant disagrees with any portion of the government’s proposed Protective Order, ECF No. 10-1, his response shall include a revised version of that Protective Order with any modifications in redline. Signed by Judge Tanya S. Chutkan on 08/05/2023,” the order said.
In the motion filed on Friday Smith used a post from Trump’s account on Truth Social as evidence for the need of a protective order.
“All the proposed order seeks to prevent is the improper dissemination or use of discovery materials, including to the public. Such a restriction is particularly important in this case because the defendant has previously issued public statements on social media regarding witnesses, judges, attorneys, and others associated with legal matters pending against him. And in recent days, regarding this case, the defendant has issued multiple posts—either specifically or by implication—including the following, which the defendant posted just hours ago,” Smith said.
“If You Go After Me, I’m Coming After You,” the former president said in the post.
“If 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 special counsel said.
The special counsel’s team included a proposal for the judge to sign if she decided in their favor.
“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 (collectively, “Authorized Persons”). Potential witnesses and their counsel may be shown copies of the Materials as necessary to prepare the defense, but they may not retain copies without prior permission of the Court,” it said.
The former president shared a statement on Truth Social in response to the filing from Smith’s office.
“The Truth post cited is the definition of political speech, and was in response to the RINO, China-loving, dishonest special interest groups and Super PACs, like the ones funded by the Koch brothers and the Club for No Growth,” it said.
Special Counsel Jack Smith’s team has admitted to incorrectly stating they turned over evidence as required by law in the classified documents case against former President Donald Trump.
Prosecutors discovered that video used as evidence “had not been processed and uploaded to the platform established for the defense to view” when they were getting ready to indict Mar-a-Lago property manager Carlos De Oliveira last week for allegedly conspiring with Trump to delete surveillance footage from the estate, Smith’s team wrote in a filing.
“The Government’s representation at the July 18 hearing that all surveillance footage the Government had obtained pre-indictment had been produced was therefore incorrect,” the prosecutors added.
“All CCTV footage obtained by the government has now been given to the defendants, according to Smith’s team. The so-called Brady rule requires prosecutors to disclose all evidence and information favorable to the defendant,” Just The News reported.
Following his third arrest and court arraignment in four months, Trump entered a not-guilty plea on Thursday to allegations that he attempted to rig the 2020 election.
