WASHINGTON (Reuters) – Donald Trump’s lawyers are requesting a federal judge in Washington, D.C., to restrict the release of “genuinely sensitive materials” in the former president’s 2020 election case only before the trial.
In court papers filed on Monday, Trump’s attorneys argued that the government was attempting to limit First Amendment rights in a trial about First Amendment rights, referring to the right of free speech guaranteed by the U.S. Constitution.
Last Friday, prosecutors asked U.S. District Judge Tanya Chutkan for a protective order regarding the handling of evidence from the trial. They cited a post from Trump on his Truth Social site where he stated, “IF YOU GO AFTER ME, I’M COMING AFTER YOU!”
The U.S. Special Counsel Jack Smith’s office raised concerns that Trump, the leading candidate for the 2024 Republican presidential nomination, might intimidate witnesses by improperly disclosing confidential evidence received from prosecutors through the post.
Protective orders are typically issued in criminal cases.
Trump’s lawyers’ court filing on Monday did not directly address the allegations of potential witness intimidation by their client.
Last Thursday, Trump pleaded not guilty to federal charges related to allegations of orchestrating a plot to overturn his 2020 election loss to Democratic President Joe Biden. It marked the third criminal case filed against Trump this year.
During his arraignment, Trump vowed not to intimidate witnesses or communicate with them about the case without legal counsel present.
Prosecutors must provide defendants with the evidence against them under the process known as discovery, allowing them to prepare a defense. The prosecutors stated in their Friday filing that they are prepared to provide Trump with a “substantial amount” of evidence once a protective order is issued.
Judge Chutkan stated that she might hold a hearing to address this matter.
On Saturday, a spokesperson for Trump denied that the Friday post was related to the trial, claiming that Trump was attacking “Republicans in Name Only” or RINOs.
However, Trump’s social media posts opposing the trial and targeting Judge Chutkan have escalated since the prosecutors’ court filing. He has expressed interest in seeking Chutkan’s recusal from the case, although his lawyers have not officially made the request yet.
Judge Chutkan has previously ruled against Trump in a civil lawsuit aimed at preventing access to White House records in a congressional investigation into the January 6, 2021, attack on the U.S. Capitol by Trump supporters. She has also strongly condemned the Capitol attack in criminal cases stemming from the riots. However, prior court rulings alone are not sufficient grounds for a federal judge to be recused from a case.
Trump’s lawyer, John Lauro, intends to request the transfer of the 2020 election case from Washington, D.C., to West Virginia. While criminal cases are occasionally tried in different locations to secure an impartial jury, other defendants charged in the Capitol siege have been unsuccessful in transferring their criminal cases out of the Washington federal trial court.
(Reporting by Jacqueline Thomsen; Editing by Scott Malone and Howard Goller)
Credit: The Star : News Feed