The Department of Justice (DOJ) has called on a federal judge overseeing the election fraud case against former President Donald Trump to issue a protective order against him.
The DOJ argues that Trump's recent social media posts are threatening in nature.
Prosecutors have requested U.S. District Court Judge Tanya Chutkan to issue the protective order, one day after Trump pleaded not guilty to charges of attempting to overturn the 2020 presidential election results and impede the peaceful transition of power. The purpose of the protective order would be to limit the information that Trump and his legal team can publicly share about the case.
While protective orders are common in criminal cases, prosecutors emphasize that it is "particularly important" in this instance due to Trump's social media posts targeting "witnesses, judges, attorneys, and others associated with legal matters pending against him." The prosecutors specifically cited a social media post made by Trump on his Truth Social platform earlier on Friday, which stated, "IF YOU GO AFTER ME, I'M COMING AFTER YOU!"
Prosecutors have indicated their readiness to provide a "substantial" amount of evidence to Trump's legal team, much of which contains "sensitive and confidential information." They argue that if the former president were to begin posting about grand jury transcripts or other evidence provided by the DOJ, it could have a "harmful chilling effect on witnesses or adversely affect the fair administration of justice in this case."
The proposed protective order aims to prevent Trump and his lawyers from disclosing materials provided by the government to anyone outside of his legal team, potential witnesses, the witnesses' lawyers, or individuals approved by the court. The order would impose stricter limitations on "sensitive materials," including grand jury witness testimony and materials obtained through sealed search warrants.
In response to the DOJ's request, a spokesperson for Trump characterized the former president's post as "political speech" and stated that it was made in response to "dishonest special interest groups and Super PACs."
The recently unsealed indictment accuses Trump of conspiring with allies to spread false claims about the 2020 election and devising schemes to overturn his election loss to President Joe Biden. The indictment alleges that Trump and his allies repeatedly lied about the election results in the two months following his loss and exerted pressure on former Vice President Mike Pence and state election officials to help him retain power.
Trump faces charges of conspiracy to defraud the U.S. and conspiracy to obstruct Congress' certification of Biden's electoral victory. These charges are related to his efforts to cling to power in the weeks after the election and the January 6, 2021, Capitol riot, during which his supporters stormed the Capitol building.
Following his court appearance on Thursday, Trump referred to the case as a "persecution" intended to harm his chances in the 2024 election. His legal team argues that the case infringes upon his right to free speech and his right to challenge an election that he believed he had won.
Special Counsel Jack Smith, who is prosecuting the case against Trump, has expressed the intention to seek a speedy trial. Judge Chutkan has instructed the government to propose a trial date by Thursday, and the first court hearing is scheduled for August 28.
In addition to the election fraud case, Trump is also scheduled to stand trial in March for hush-money payments made during the 2016 campaign in New York, and in May for a federal case in Florida related to mishandling classified documents at his Mar-a-Lago estate. There is also the possibility of an indictment in Georgia for alleged criminal efforts to overturn the 2020 election results in that state.
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