Former President Donald Trump’s legal team is raising objections to a proposed protective order put forth by Special Counsel Jack Smith. The main point of contention is the potential infringement on Trump’s First Amendment right to free speech. The issue revolves around the release of discovery materials related to Trump’s alleged attempts to overturn the 2020 election.

Smith has requested a broad protective order from Judge Tanya Chutkan of the U.S. District Court, seeking to prevent Trump from making any discovery information public. This request came after Trump’s social media post on Truth Social, where he stated his intention to retaliate if he was targeted. The government interpreted this as a direct reference to the ongoing case.

In response, Trump’s legal team argues that the proposed order is too broad and should be narrowed down to only protect genuinely sensitive materials. They believe that a blanket gag order covering all government-produced documents is unnecessary, as certain materials such as grand jury transcripts should naturally remain restricted.

Smith’s concerns mainly revolve around the possibility of Trump publishing grand jury transcripts, which could potentially intimidate witnesses. Trump’s attorneys highlight the potential violation of First Amendment rights if the government’s proposed order is implemented. They argue that the government is attempting to limit Trump’s speech, especially given the political context of an ongoing election season.

Additionally, Trump’s legal team brings up President Joe Biden’s involvement in the indictment. They point to a video released by Biden on the same day as Trump’s arraignment, suggesting that Biden’s engagement politicizes the prosecution.

Ultimately, Judge Chutkan, known for her ties to Obama’s campaign and her handling of January 6 defendants, will have to decide whether to limit the scope of the protective order while considering Trump’s First Amendment rights.