Former President Donald Trump’s attorneys have submitted a court filing requesting changes to the rules regarding evidence in the 2020 election case. They argue that the current restrictions infringe on Trump’s First Amendment rights. The legal team believes that the government’s request to restrict all documents, regardless of their sensitivity, goes against established law and the principles of the First Amendment.
In their filing, Trump’s lawyers propose a narrower protective order that only shields “genuinely sensitive materials from public view.” They argue that this approach is more consistent with previous protective orders issued by the court, specifically those related to the events of January 6, 2021. The goal is to strike a balance between protecting highly sensitive materials and allowing the discovery process to proceed.
The filing also expresses concerns about the government’s attempt to restrict First Amendment rights during an election season, especially targeting Trump, a primary political opponent of the current administration. The legal team argues that this case involves allegations and false claims perpetuated by the administration, influential party members, and media allies.
Special Counsel Jack Smith has responded to the request, stating that the government’s proposed protective order is reasonable and facilitates an efficient discovery process while maintaining the integrity of the proceedings. Smith criticizes Trump’s proposed order, claiming that it is unreasonable and aims to litigate the case through the media rather than the courtroom.
Judge Tanya Chutkan has scheduled a hearing on the DOJ’s Motion for Protective Order, and both parties will meet to determine suitable dates and times for the hearing. The charges against Trump in this case include conspiracy to defraud the United States, obstruction of an official proceeding, and conspiracy against rights, all stemming from the investigation into election interference and the Capitol Riot on January 6, 2021.