Prosecutors have asked a US judge to limit information Donald Trump can publicly discuss regarding the latest indictments against him, citing a threatening post by the ex-president which his campaign defended yesterday as “political speech”.
Jack Smith, the special counsel overseeing the charges against Trump for seeking to overturn the 2020 election, filed a motion on Friday evening urging a federal judge to impose a protective order to prevent the former president from revealing evidentiary details about the case.
The judge, Tanya Chutkan, replied by issuing a weekend order to Trump’s legal team that they respond to the government’s motion by 5pm tomorrow.
The fast-moving developments came in the wake of Trump appearing to defy a judge who had warned him not to discuss the case with any potential witnesses, and his posting of what is being seen as a threat on his social media platform.
“If you go after me, I’m coming after you!” Trump wrote in all caps on Truth Social.
Trump, the Republican frontrunner for his party’s nomination in the 2024 presidential election, has pleaded not guilty to the four election conspiracy and obstruction charges – the most serious in the multiple cases he faces.
His aggressive social media post was cited and displayed in Smith’s motion to US District Court Judge Chutkan, which referenced Trump’s history of attacking people who were connected to criminal cases against him.
“All the proposed order seeks to prevent is the improper dissemination or use of discovery materials, including to the public,” prosecutors wrote in the motion. “Such a restriction is 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.”
The motion went on to say that if the defendant were to issue public posts about details or grand jury transcripts obtained during the discovery process, “it could have a harmful, chilling effect on witnesses or adversely affect the fair administration of justice in this case”.
When Trump appeared in court in Washington on Thursday to enter his not guilty plea, he was given an unusual warning by a magistrate judge, Moxila Upadhyaya, against intimidating witnesses or obstructing justice.
“I want to remind you 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,” the judge said, in comments quoted by US media.
Trump swore not to intimidate witnesses or communicate with them without legal counsel present.
Early yesterday Trump’s campaign sought to water down Trump’s subsequent inflammatory post about “coming after” people, saying that the 77-year-old billionaire was referring to his political opponents and not to anyone involved in the election interference case.
“The Truth post cited is the definition of political speech,” a Trump spokesperson said in a statement.
The back and forth is certain to inflame the tensions in Washington over Trump’s legal peril, which he and several Republican leaders have framed as an effort by President Joe Biden’s administration to sideline the Democrat’s chief political rival.
On Friday night in Alabama, Trump appeared before supporters and branded the indictments against him “an act of desperation by a failed, disgraced, crooked Joe Biden and his radical left thugs to preserve their grip on power”.
The White House has stressed that the Department of Justice (DoJ) operates independently and that Biden’s team has no involvement in the cases against Trump.
Meanwhile in Georgia, where other prosecutors are investigating Trump’s efforts to overturn the election results in that state, security was tightened around the Fulton County courthouse in Atlanta as the city prepares for the possible announcement of what would be Trump’s fourth criminal indictment this year.
For at least the next two weeks, officials are locking down security around the courthouse in Atlanta.
Fulton County District Attorney Fani Willis has indicated she plans to bring charges in that investigation within weeks.
While the downtown court building will remain open, officials are closing surrounding roads to general traffic and have told most employees to work from home, the Atlanta Journal-Constitution (AJC) reported.
Magistrate court hearings, typically held for minor criminal and civil cases, will be conducted virtually.
The sheriff’s office has cancelled all time off for the next few weeks and police are working 12-hour shifts, the AJC reported.
Orange barricades began appearing around the courthouse last month, as officials prepared for potential demonstrations should Trump be indicted in the coming weeks.
Trump has pleaded not guilty in two other criminal cases.
He faces federal charges in Miami for allegedly retaining classified documents after leaving office and obstructing justice, and state charges in Manhattan for allegedly falsifying business records to hide hush money payments to an adult entertainment star.
The former president has capitalised on his indictments since the first charges were filed in April, increasing his lead in the Republican nomination contest over his closest rival, Florida Governor Ron DeSantis.
While Trump has solidified his status as frontrunner despite the growing array of legal troubles, public opinion polls show, those legal problems do pose a risk to his presidential bid: about half of Republicans would not vote for Trump if he were convicted of a felony, according to a Reuters/Ipsos poll that closed on Thursday.
Trump has portrayed all of the investigations as part of a political witch hunt intended to stymie his 2024 campaign.
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