The order could bar Trump from improperly using any evidence shared with the defense team, such as witness statements.
Attorneys for former President Donald Trump have until Monday evening to respond to a request by federal prosecutors for a protective order in the latest criminal case against him.
The Justice Department charged Trump with four criminal counts related to allegations that he attempted to overturn the results of the 2020 presidential election, which he lost. In federal court in Washington, D.C., last week, Trump pleaded not guilty.
Federal prosecutors are now asking District Judge Tanya Chutkan to issue a protective order in the case.
That would bar Trump and his attorneys from improperly using any evidence — which may include sensitive and highly confidential information — that prosecutors share with the defense team before trial.
On Saturday, Chutkan denied a request from Trump’s attorneys for more time to respond to the request for a protective order, leaving them until 5 p.m. Monday to reply to the Justice Department’s proposal and suggest any changes.
Chutkan said she would decide whether to schedule a hearing on the proposal after reviewing the defense’s response.What is a protective order?
Long before a criminal case goes to trial, prosecutors have to share what’s called „discovery“ with the defense.
That could include potential evidence, such as grand jury documents and witness statements, and it may contain personal identifying details and other confidential information.
Stanford Law School professor David Sklansky said protective orders are commonly used in criminal cases to shield sensitive information about investigative tactics, cooperating witnesses or national security.
„It’s a case-by-case decision by the judge about whether there’s reason to fear that disseminating information could be harmful to the public, to national security, to potential witnesses,“ he said.
Sklansky added that a protective order in this case would not be intended to „silence Trump“ or prevent him from talking about the case, but rather an effort to „protect the use of information that’s provided in discovery.“
Legal experts say a person could receive a warning or be held in contempt of court for violating a judge’s protective order.The DOJ says it will protect sensitive information in the case against Trump
In their motion for a protective order, Special Counsel Jack Smith and prosecutors Molly Gaston and Thomas Windom argued that it would allow the Justice Department to release discovery material to the defense quickly and give Trump expedient access to information that could be used in his defense.
