Former President Donald Trump’s lawyers pushed back against the Department of Justice’s (DOJ) request for a protective order in the Washington, D.C., case related to his alleged efforts to contest the 2020 presidential election.
Trump’s lawyers filed a response Monday in opposition to the DOJ special counsel’s Friday motion for a protective order inspired by a Truth Social post in which Trump appeared to reference the ongoing case against him.
READ THE MOTION HERE:
“Instead of hewing to this narrow framework, the government requests the Court restrict all documents produced by the government, regardless of sensitivity, contrary to established law and President Trump’s First Amendment rights,” Trump’s response reads. (RELATED: Trump’s Florida Judge Orders DOJ To Unseal Documents, Justify DC Investigation)
Trump’s legal team argued the DOJ’s proposed order is “overbroad” and infringes on Trump’s First Amendment rights by regulating his political speech. The team cited a social media post by President Joe Biden in which Biden appeared to poke fun at the indictment when Trump was set to be arraigned Aug. 3 in Washington, D.C.
The former president’s lawyers proposed more narrow restrictions to protect Trump’s First Amendment rights and ensure sensitive materials are not disseminated to the public.
“However, the need to protect that information does not require a blanket gag order over all documents produced by the government,” Trump’s attorneys wrote. “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 posted on Truth Social Friday, “IF YOU GO AFTER ME, I’M COMING AFTER YOU!” which the DOJ cited as evidence of Trump making public statements about legal matters against him.
“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 DOJ said.
Special counsel Jack Smith indicted Trump on Tuesday for Trump’s alleged attempt to contest the 2020 election results and his purported role in the Jan. 6, 2021, Capitol riot. Trump pleaded not guilty Thursday and accused Smith of “persecution” against him.