Why did prosecutors want a protective order against Trump?
Protective Orders and Judge’s Role in Social Media Disturbing Donald Trump’s Statements on Witnesses, Judges and Attorneys
The judge will have to be very involved in crafting the language of the protective order. “This will become the judge’s protective order.”
Such protective orders are common in criminal cases, but prosecutors said it’s “particularly important in this case” because Trump has posted on social media about “witnesses, judges, attorneys, and others associated with legal matters pending against him.”
A contempt of court could be imposed on someone who violates a protective order. But more likely, that person will receive a warning for the first offense, according to Rick Rossein, a professor at the CUNY School of Law.
Essentially, protective and gag orders address different concerns. Protective orders relate to concerns of how the defense may handle sensitive or confidential information shared with them as part of discovery.
They argued that it’s critical in this case, since Trump has issued public statements on social media regarding witnesses and others associated with legal matters pending against him.
It’s a case-by-case decision by a judge about whether to warn the public of a danger or not.
Negotiating the protective order is needed by the government before they can begin the discovery process and set a trial date.
A felony indictment against Donald Trump on falsehoods and hush-money schemes involving an election he promised to steal
The front-runner for the Republican presidential nomination pleaded not guilty to felony charges that he attempted to influence the 2020 election. The magistrate judge has set the first hearing for Aug. 28.
The attorneys for the former President must respond to the prosecutors’ request for a protective order by Monday evening.
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.
The prosecutors pointed to a post on Trump’s Truth Social platform that said, in all capital letters, “if you go after me, I’m coming after you!”
Prosecutors said they are ready to hand over a “substantial” amount of evidence — “much of which includes sensitive and confidential information” — to Trump’s legal team.
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.
The indictment unsealed this week accuses Trump of brazenly conspiring with allies to spread falsehoods and concoct schemes intended to overturn his election loss to President Joe Biden as his legal challenges floundered in court.
After his court appearance on Thursday before a magistrate judge, Trump characterized the case as a “persecution” designed to hurt his 2024 presidential campaign. His legal team claimed that it is an attack on his free speech and right to challenge an election he thought 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 on Friday asked a federal judge overseeing the criminal case against former President Donald Trump in Washington to step in after he released a post online that appeared to promise revenge on anyone who goes after him.
“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.
A critical assessment of the proposed protective order in the wake of the 2020 election: An apology to Joe Biden and his alleged misdemeanor
Christie, a former supporter of Donald Trump who is now against his attempts to cast doubts on the 2020 election results, stated that he believes jurors can be fair. “I believe in the American people, and I believe in the fact that jurors will listen fairly and impartially.”
Also appearing on the show was former New Jersey Gov. Chris Christie, a former federal prosecutor who said he believes Trump could get a fair trial in D.C.
“President Trump was wrong then, and he’s wrong now. “I had no right to overturn the results of the election,” he said. “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’s efforts to overturn the results of the 2020 election won by Joe Biden are being criticized by other candidates.
Trump said his team would ask for a change of venue and that the case be moved to another state.
A Jamaican-born judge in the District of Columbia, Chutkan received her degree from the University of Pennsylvania Law School, where she practiced law for several years. She was appointed to the District of Columbia’s US District Court.
Trump said in a second social media post that his defence team would immediately ask the judge for recusal on “very powerful grounds.”
“This is an attack on you and other members of the media,” Lauro told Stephanopoulos. “What the Biden administration is trying to do is prevent the press from learning about exculpatory and helpful information — evidence — that the people have a right to know about,” Lauro added.
Publicly, though, Lauro made pointed criticisms of the proposed protective order during his appearances on various political TV talk shows Sunday morning.
“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 motion reads.
Potential evidence could include grand jury papers and witness statements, as well as personal identifying details and confidential information.