Trump rejects Jack Smith's protective order as 'overbroad,' violation of First Amendment
by Ashley Oliver, Justice Department Reporter |
August 07, 2023 05:28 PM
Former President Donald Trump's attorneys opposed special counsel Jack Smith's proposal for a protective order in the case related to the 2020 election, according to a court document filed Monday.
Trump's attorneys argued Smith's protective order, which prosecutors typically use to dictate how discovery is handled in a case, was "overbroad" and accused the Department of Justice of seeking to "restrict First Amendment rights" with it.
Protecting certain discovery "does not require a blanket gag order over all documents produced by the government," Trump's defense team wrote.
His lawyers added, "Rather, the Court can, and should, limit its protective order to genuinely sensitive materials — a less restrictive alternative that would satisfy any government interest in confidentiality while preserving the First Amendment rights of President Trump and the public."
Trump is facing four felony charges related to allegations he conspired to overturn the 2020 election. The former president pleaded not guilty to all four charges last week, and now he and Smith are stuck in a back-and-forth over provisions of the protective order, which must be settled before Trump can receive discovery in the case.
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