In a significant development, Judge Tanya Chutkan of the Federal District has issued an order in response to a motion filed by Special Counsel Jack Smith. The motion seeks to obtain a protective order against former President Donald Trump in his latest criminal case. The motion aimed to secure an order that would prohibit the former president from publicly discussing certain critical aspects of the case, thereby preventing any potential interference with the legal proceedings.
The impetus for this motion came after Donald Trump made a striking post on his social media platform, Truth Social, on Friday night, where he asserted, “If You Go After Me, I’m Coming After You.” This provocative statement raised concerns about the potential “misuse or dissemination” of sensitive discovery materials that could adversely impact the ongoing legal process.
In his motion, filed on Friday, Special Counsel Jack Smith pointed to Trump’s history of issuing public statements on social media concerning individuals connected to legal matters involving him. Smith argued that these public disclosures could have an alarming chilling effect on witnesses or even compromise the fair administration of justice in this particular case.
The proposed protective order presented by the special counsel seeks to safeguard against any improper release or utilization of the discovered materials, ensuring their confidentiality and restricted access. It stipulates that Trump and his defense counsel shall only share the materials and their contents with individuals directly involved in the defense, potential witnesses and their respective counsel, and other authorized individuals as determined by the court. The proposal also allows potential witnesses and their counsel to view the materials as necessary for the preparation of their defense, but they are prohibited from retaining any copies without prior approval from the court.
In response to the filing from Smith’s office, the former president shared a statement on Truth Social, claiming that the cited post was merely a form of political speech. Trump attributed his statement to the presence of certain special interest groups and Super PACs, denouncing them as RINO (Republican In Name Only) and Communist China-loving.
Subsequently, on Saturday, Judge Tanya Chutkan issued her order, requiring Trump’s attorneys to respond to the government’s motion for a protective order by Monday, August 7, 2023. Furthermore, if Trump disagrees with any part of the proposed Protective Order, he must submit a revised version of the order with any modifications highlighted for consideration.
It is worth noting that Federal Judge Tanya Chutkan’s appointment to oversee this case has drawn attention due to her reputation as a stern and strict adjudicator, particularly concerning individuals linked to the January 6 incident at the Capitol. The judge’s previous association with the law firm Boies Schiller Flexner, which has affiliations with the Democratic Party and Hunter Biden, has also been brought to public attention. Chutkan has shown a consistent pattern of imposing stricter sentences than what the Justice Department had asked for in various cases related to the January 6 riot.