A federal judge declined the requested protection order put forth by prosecutors for the upcoming 2020 election trial involving the former president. This decision came on Monday following a request from Donald Trump’s attorneys. They contended that the order would infringe upon his constitutionally safeguarded right to free expression.
Trump argues against evidence in election case: The prosecution requested the protective order due to concerns that Trump might otherwise disclose confidential information improperly before the trial.
In a filing made on Monday, U.S. District Judge Tanya Chutkan instructed the parties to convene on Tuesday and agree upon two possible dates for a hearing. The hearing should take place no later than Friday.
In a 29-page submission to the U.S. District Court in Washington on Monday, Trump’s legal team avoided explicitly addressing the claim of possible witness intimidation.
They acknowledge that specific court records, including those originating from the grand jury inquiry that result in last week’s indictment, accusing Trump of devising a scheme to manipulate the 2020 election, should be maintaine as confidential and withheld from the public.
But, according to Trump’s attorneys, “the need to protect that information does not require a blanket gag order over all documents produced by the government.”
The First Amendment, which protects the freedom of speech granted by the U.S. Constitution, is being restricted in a trial about those rights, according to Trump’s legal team.
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Trump entered a not guilty plea on Thursday to federal allegations that he planned to try to rig the 2020 election in order to defeat Democratic candidate Joe Biden. This marks the third criminal investigation launched against Trump this year.
Trump took an oath to refrain from intimidating witnesses or speaking with them about the matter without an attorney present during his arraignment on Thursday.
When asking Chutkan for a protection order on Friday, the prosecution cited a post by Trump on his Truth Social website that read, “IF YOU GO AFTER ME, I’M COMING AFTER YOU!”
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According to the prosecution, the tweet might imply that Trump, the leading candidate for the Republican presidential nomination in 2024, is attempting to scare potential witnesses.
As part of the discovery process, prosecutors must grant defendants access to the evidence against them to facilitate the construction of a defense. Following the imposition of a protective order, prosecutors aim to provide Trump with a “substantial amount” of material, as outlined in their petition filed on Friday.
According to a Trump spokesman, the Friday post was not linked to the trial. The spokesman stated that Trump’s intention was to criticize “Republicans in Name Only,” or RINOs.
Trump’s social media posts, though, have grown more frequent since the prosecution’s Friday court filing. The person has indicated that they will request the withdrawal of Chutkan, the appointee of Democratic President Barack Obama, from the case. However, Trump’s attorneys have not yet formally submitted this request in writing.
In an earlier decision, Chutkan ruled against Trump in a civil case that sought to exclude White House records from a congressional probe into the Trump supporters’ attack on the U.S. Capitol on January 6, 2021.
She has also vociferously opposed the Capitol attack in criminal proceedings related to the disturbances. Federal judges are not required to resign from a case by previous court decisions.
John Lauro, a lawyer representing Trump, stated that they would relocate the 2020 election case from Washington, D.C., to West Virginia. Despite the occasional practice of hearing criminal cases in different locations for the purpose of impartial juries, others facing charges in connection to the Capitol siege have experienced unsuccessful attempts to move their criminal cases out of the Washington federal trial court.