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Special counsel Jack Smith filed a request on Friday for a protection order “against the dissemination of discovery materials and the sensitive information they contain”, in relation to the Ministry of Justice criminal case to former president Donald Trump. The order would directly bar Trump from disclosing evidence and materials shared by the DOJ with him and his legal team.
Trump was arrested and arraigned Tuesday in Miami 37 criminal cases including violations of the Espionage Act, conspiracy to obstruct justice, corruptly concealing a file or document, and concealing a document in a federal investigation. The charges were brought by the DOJ as a result of their months-long investigation into Trump’s hoarding of classified documents after his departure from office.
While the case is being discovered, Smith is seeking to protect material that may be provided to Trump’s defense team that may contain “information related to ongoing investigations, the disclosure of which could jeopardize those investigations and expose unindicted individuals.” identify.”
According to the filing, “the administration has consulted with counsel for defendant Donald J. Trump and Suspect Waltine Nautawho have no objection to this motion or the protection order.”
The order would require that material provided to Trump’s team remain “in the custody and under the supervision of defense counsel,” and that the former president’s lawyers must store the material securely and “make it clear that the material under command”. The order is likely explicit, as a significant portion of the administration’s case against Trump revolves around the insecure storage of highly classified and sensitive information.
In addition, the warrant prohibits Trump, his co-defendant Walt Nauta, and his legal counsel from “disclosing, directly or indirectly, the discovery materials or their contents to any person or entity other than persons appointed to assist in the defense, persons interviewed as potential witnesses, counsel for potential witnesses, and other persons to whom the court may permit disclosure.” This includes a direct ban on sharing any material with the public or the media – including through social media platforms.
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Trump may only review materials “under the direct supervision of defense counsel or an associate of defense counsel.” He must not keep copies of what is shown to him, and his notes must be kept “safely” by his lawyers.
The request is very similar to a protective order wanted by Manhattan District Attorney Alvin Bragg in his own criminal case against Trump. The former president was arrested in April 34 counts of falsifying business documents related to his 2016 hush money payment to adult film actress Stormy Daniels.
Bragg expressed similar concerns in April about Trump’s possible misuse of evidence and discovery materials with Judge Juan Manuel Merchan. The order was granted in May.
Smith is also conducting a separate investigation into Trump’s attempts to reverse the results of the 2020 election. On Friday, the Wall Street Journal reported that Trump’s defense team may be try to block given testimony by his former Vice President Mike Pence on the grand jury’s decision on whether or not to indict the former president in connection with the investigation.
Smith’s probe has been extensive. In April, The Washington Post reported that the DOJ had begun investigating allegations that the Trump campaign defrauded donors by touting false claims of election fraud, as well as dig into attempts to undermine election results in individual states.
But a third criminal case against Trump is still a long way off. Sources tell the Journal that some of Smith’s questions to witnesses indicate that the special counsel is seeking a comprehensive report rather than an indictment.
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