Lawyers for Donald Trump have opposed a request from the U.S. Justice Department to limit what the former president shares publicly related to the 2020 election case.
In a filing, they say the request for a protective order violates Trump’s First Amendment rights.
The legal team of thrice-indicted and twice-impeached former president and current presidential candidate had until 5 p.m. ET on Monday to respond to the request.
Trump’s lawyers on Monday urged a Washington, D.C. federal judge to only restrict “genuinely sensitive materials” in the former president’s 2020 election case from being released to the public ahead of trial.
“In a trial about First Amendment rights, the government seeks to restrict First Amendment rights,” Trump’s attorneys said in court papers filed on Monday, referring to the right of free speech guaranteed by the U.S. Constitution.
Special counsel Jack Smith, who brought four criminal charges against Trump last week, asked U.S. District Court Judge Tanya Chutkan to impose a court order to “protect a large amount sensitive and confidential material” that Trump’s team would receive as part of the trial so that the former president can’t publish it and potentially affect the outcome, according to court documents.
Smith’s request mentions Trump’s history of posting about judges, witnesses and legal matters against him. It also includes a photo of a statement Trump posted just hours earlier on the social media site Truth Social where Trump, in all caps, said, “if you go after me, I’m coming after you!”
“If the defendant were to begin issuing public posts using details,” the filing states, “or, for example, grand jury transcripts … it would have a harmful chilling effect on witnesses or adversely affect
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