Trump lawyers to challenge limits on evidence-sharing, prosecutors warn
of threats
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[August 11, 2023]
By Sarah N. Lynch
WASHINGTON (Reuters) - Donald Trump's lawyers on Friday will urge a
judge to give the former U.S. president more leeway to publicly share
portions of the evidence that will be used in his trial on charges of
plotting to overturn the 2020 election.
The lawyers' request goes against the objections of prosecutors, who are
concerned that Trump could use details of the confidential evidence to
intimidate witnesses.
U.S. Special Counsel Jack Smith's office last week asked a judge to
impose rules known as a "protective order," to guard evidence before
sharing the materials with Trump's lawyers
It is standard practice for federal prosecutors to request protective
orders before sharing evidence with defense lawyers to protect
confidential records and ensure the integrity of the trial.
Often, defense lawyers do not oppose them because doing so slows down
the government's production of evidence, a process known as "discovery,"
to help them prepare.
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But Trump's attorneys have argued that the scope of the protective order
is too broad, and would run afoul of his free speech rights under the
First Amendment of the U.S. Constitution.
"The need to protect that information does not require a blanket gag
order over all documents produced by the government," Trump's attorneys
wrote in court papers.
The charges in a Washington, D.C., federal court are one of three
prosecutions currently targeting Trump, the clear front-runner in the
2024 Republican presidential nomination race.
In Friday's case, he has pleaded not guilty to criminal charges that he
orchestrated a plot to overturn the results of the 2020 presidential
election to keep himself in power.
'I'M COMING AFTER YOU'
In the government's request, it said a protective order was needed and
cited a threatening message Trump posted last week on social media: "IF
YOU GO AFTER ME, I'M COMING AFTER YOU."
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![](../images/081123PIX/news_v36.jpg)
Former U.S. President and Republican
presidential candidate Donald Trump speaks during a campaign rally
in Windham, New Hampshire, U.S., August 8, 2023. REUTERS/Reba
Saldanha/File Photo
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"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,"
prosecutors wrote in their motion.
Since then, Trump has also attacked Smith's character as well as
that of former Vice President Mike Pence, a key witness in the case,
calling his former No.2 "delusional."
"I never told a newly emboldened ... Pence to put me above the
Constitution, or that Mike was 'too honest.,'" Trump wrote on social
media, in a direct reference to the indictment which cites Pence's
recollections of conversations with Trump.
As a condition of his release, Trump agreed he would not try to
intimidate or threaten any witnesses in the case.
At his arraignment, Trump's defense attorney John Lauro complained
about U.S. District Judge Tanya Chutkan's intention to set a trial
date at a hearing on Aug. 28, saying his team needed more time to
understand the scope of the evidence.
At the same time, however, Lauro and his co-counsel Todd Blanche
have also held up the discovery process itself by disagreeing with
the terms of the government's protective order.
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Trump is separately facing a second set of charges brought by
Smith's office in Florida for retaining highly classified records
after leaving the White House and New York state charges over
hush-money payments to a porn star.
He has pleaded not guilty in all three cases.
(Reporting by Sarah N. Lynch; Editing by Scott Malone and Alistair
Bell)
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