Protective orders can protect the public and national security from a prosecutor’s view of Donald Trump’s case overturning the 2020 election loss
“The judge is going to have to actually be very involved in crafting the actual language of the protective order,” he said. “This will become the judge’s protective order.”
The prosecutors asked the court to issue a protective order after Trump pleaded not guilty to charges of trying to overturn his 2020 election loss and block the peaceful transition of power. The order is different from a so-called “gag order.” It restricts what information Trump’s legal team can tell the world about the case brought by Jack Smith.
A person can be found in contempt of court if they violate a protective order. Rick Rossein, a professor at the CUNY School of Law, said that the person might get a warning for the first offense.
Gag orders place restrictions on what the defendant and their attorney can and cannot discuss outside the courtroom. They are typically issued to control the flow of information and prevent jury bias in order to ensure a fair trial.
In Trump’s election case, prosecutors are seeking to only allow Trump and his attorneys disclose discovery materials, like witness interviews, to a select group of people — those hired to help with their defense, potential witnesses, witnesses’ lawyers and others approved by the court.
It’s a case-by-case decision of the judge whether to ban dissemination of information because it might be harmful to the public or national security.
Stanford Law School professor David Sklansky said protective orders are commonly used in criminal cases to shield sensitive information about investigative tactics, cooperating witnesses or national security.
The Mueller investigation of the alleged “revenge” campaign of Donald Trump and his supporters on Trump’s Twitter account of a post on January 6, 2016
There were felony charges against the front-runner for the Republican presidential nomination that he pleaded not guilty to. The magistrate judge has set the first hearing for Aug. 28.
Chutkan denied a request from Trump’s attorneys for more time on Saturday and gave them until Monday to reply to the Justice Department’s proposal.
Federal prosecutors filed the motion on Friday night — just hours after Trump suggested on Truth Social that he would take revenge on anyone who goes after him.
Prosecutors pointed specifically to a post on Trump’s Truth Social platform from earlier Friday in which Trump wrote, in all capital letters, “If you go after me, I’m coming after you!”
The prosecutors are prepared to give Trump’s lawyers a large amount of evidence, including sensitive and confidential information.
A Trump campaign spokesperson on Saturday said the Truth Social post is “the definition of political speech” and not aimed at anyone involved in the election case against him.
After losing the election, Trump and his Republicans repeatedly lied to the US government about the results and tried to exert pressure on election officials.
After appearing before a judge on Thursday, Trump characterized the case as a way to hurt his campaign. His legal team has described it as an attack on his right to free speech and his right to challenge an election that he believed had been stolen.
Trump is already scheduled to stand trial in March in the New York case stemming from hush-money payments made during the 2016 campaign and in May in the federal case in Florida stemming from classified documents found at his Mar-a-Lago estate.
The Justice Department asked a federal judge in Washington, DC, to step into the criminal case against Donald Trump after he released a post online that appeared to promise revenge for anyone who tried to take him down.
“I’ve always said that Donald Trump was morally responsible for what happened on Jan. 6, and now he’s been charged with criminal conduct in regard to that,” he said.
The Defender’s Defenders’ Right to Know: An Attorney General’s Report on the Case of the 2020 Democratic National Committee Deputy Attorney General Michael Lauro
“I believe jurors can be fair,” said Christie, a former supporter of Trump’s who’s criticized his attempts to cast doubt on the 2020 election results. “I believe in the American people, and I believe in the fact that jurors will listen fairly and impartially.”
Former New Jersey Gov. Chris Christie said on the show that he thinks Trump will be acquitted in D.C.
“President Trump was wrong then, and he’s wrong now. I had no right to overturn the election,” Pence said on CNN’s State of the Union. “The American people deserve to know that President Trump asked me to put him over my oath to the Constitution, but I kept my oath and I always will.”
Trump remains the Republican front-runner, but other candidates, including his former Vice President Mike Pence, have criticized Trump for his efforts to overturn the results of the 2020 election won by Joe Biden.
Trump also said his defense team would request a change of venue and ask that the case be moved outside of Washington, D.C. Lauro previously said they would seek a trial in West Virginia.
After graduating from the University of Pennsylvania Law School, District Judge Chutkan went on to work for the District of Columbia Public Defenders Service and in private practice. She was sworn in to the U.S. District Court in the District of Columbia.
Trump said in another social media post on Sunday that his defense team would immediately ask “for recusal of this judge on very powerful grounds,” though he didn’t specify what those grounds would be.
“This is an attack on you and members of the press,” Lauro told ABC This Week anchor George Stephanopoulos. “If the press is not allowed to discover exculpatory and helpful information they will be prevented from learning about the people’s right to know,” she said.
During his appearances on various television talk shows on Sunday morning, Lauro made pointed comments about the protective order.
The motion reads that public posts using details from discovery could have a negative effect on witnesses and the administration of justice in the case.
That could include potential evidence, such as grand jury documents and witness statements, and it may contain personal identifying details and other confidential information.