On Friday evening August 5, 2023, Special Counsel of the Department of Justice ( DOJ), Jack Smith pursued a quick court order to a judge. Donald Trump’s sharing of evidence from his legal issues regarding the election subversion case against him is at hand. Jack Smith specifically cited Trump’s recent post on Truth Social. He argued that the former president has shown that he often speaks publicly about the legal details he faces in various indictments.
The argument includes the reasons “particularly important in this case because the defendant has previously issued public statements on social media regarding witnesses, judges, attorneys, and others associated with legal matters pending against him.”
“And in recent days, regarding this case, the defendant has issued multiple posts — either specifically or by implication — including the following, which the defendant posted just hours ago,” the special counsel’s office wrote, including a screenshot of the Truth Social post from Trump that read: “IF YOU GO AFTER ME, I’M COMING AFTER YOU!”
The defense of this from a Trump spokesperson relayed this morning Saturday, August 6, 2023, was that Trump’s Truth Social online post was “the definition of political speech” and not related to matters of the case.
Prosecutors argued that if Trump “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.”
To clarify, the request was made to bar Trump’s attorneys from providing copies to Trump of discovery materials deemed “sensitive,” which include grand jury materials and witness interviews. The former president is allowed to be shown such materials, under the rules proposed by the prosecutors, however, he would be barred from taking down any personal identifying information from the documents. This is taken directly from CNN reporting.
This filing by Jack Smith ”is consistent with other such orders commonly used in this District and is not overly restrictive.”
Let us remember that on Thursday, August 4, 2023, Magistrate Judge Moxila Upadhyaya reminded Donald Trump “that it is a crime to try to influence a juror, or to threaten or attempt to bribe a witness or any other person who may have information about your case, or to retaliate against anyone for providing information about your case to the prosecution.”
To further explain the QUICK Court order, the request by Smith is to impose this discovery disclosure and its rules BEFORE allowing Trump’s lawyers to review and reply. They back up this reasoning by pointing directly to John Lauro’s statement that the defense would not be able to propose a trial date or expected length, as the judge has requested until they had a chance to review the scope of evidence involved in the case.
Smith is clearly wary and carefully wading in these murky waters. After United States District Judge Tanya Chutkan approves their proposed protective order, his team could begin turning over “a substantial amount of discovery” to the defense. Modification of the orders is always on the table.
Interestingly enough, secrets are still being held by Trump ally Kerik with regard to the 2020 election fraud case.
The chaos within our political system continues. History has a field day.