Prosecutors Say Sunday Morning Talk Show Blitz By Donald Trump’s Attorney Underscores Need For Wider-Ranging Protective Order – Deadline

UPDATE: Federal prosecutors say that Donald Trump was seeking a court order “designed to allow him to try this case in the media rather than in the courtroom.”

Special counsel Jack Smith’s team singled out Trump’s attorney, John Lauro, and his Sunday morning talk show blitz. Lauro defended Trump on five shows — a feat known in the media business as the “full Ginsburg,” or appearing on the Beltway shows of ABC, NBC, CBS, Fox News and CNN all in one morning.

Smith’s team also pointed to instances where the testimony of a potential witness, Vice President Mike Pence, was discussed.

“In television appearances, defense counsel also made specific claims about what the defendant allegedly said and did during the charged criminal conspiracies, and discussed anticipated testimony of Michael R. Pence, stating on ABC that the former Vice President would ‘be one of our best witnesses,’ and on CBS that ‘the Vice President will be our best witness.’”

Prosecutors also pointed to more of Trump’s social media posts over the weekend, including one where he wrote on Truth Social, “WOW, it’s finally happened! Liddle’ Mike Pence, a man who was about to be ousted as Governor Indiana until I came along and made him V.P., has gone to the Dark Side. I never told a newly emboldened (not based on his 2% poll numbers!) Pence to put me above the Constitution, or that Mike was ‘too honest.’ He’s delusional, and now he wants to show he’s a tough guy. I once read a major magazine article on Mike. It said he was not a very good person. I was surprised, but the article was right. Sad!”

Smith’s team contended that Trump’s proposed protective order was too narrow and “would lead to the public dissemination of discovery material. Indeed, that is the defendant’s stated goal; the defendant seeks to use the discovery material to litigate this case in the media. But that is contrary to the purpose of criminal discovery, which is to afford defendants the ability to prepare for and mount a defense in court—not to wage a media campaign.”

PREVIOUSLY, MONDAY: Donald Trump’s attorneys denied that a social media post after his arraignment last week was directed at prosecutors in his January 6th criminal case.

In a filing with U.S. District Court in D.C., the former president’s attorneys wrote that a Truth Social post — in which Trump wrote, ‘IF YOU GO AFTER ME, I’M COMING AFTER YOU!” — was “generalized political speech, not directed to this case.”

Special Counsel Jack Smith’s team cited the post last week in arguing that a protective order should be issued in the case, restricting Trump and his attorneys from disseminating discovery materials. They contend that Trump could release things like grand jury transcripts that adversely impacts the case.

Trump’s team is seeking a narrower protective order, limited to just sensitive materials, and arguing that the former president has a First Amendment right to talk about the case. “In a trial about First Amendment rights, the government seeks to restrict First Amendment rights,” they wrote, having defended Trump’s attempts to reverse the 2020 election results as within his freedom of speech.

Moreover, Trump’s attorneys argued that his Truth Social post “does not contain or reference sensitive information of any kind.”

“The government does not explain how a post on a different topic, which does not include or describe sensitive information, suggests President Trump might disseminate such information in the future,” the attorneys wrote, while claiming that federal prosecutors have leaked stories to the media.

At the same time, Trump’s legal team made its own reference to a social media post — a campaign post from President Joe Biden on Thursday, in which he sips from a “dark Brandon” mug and says, “I like my coffee dark.” Trump’s legal team claimed that it was a “thinly veiled reference” to Trump’s prosecution, coming just hours before the arraignment. But the post does not reference Trump’s case and was designed to boost campaign merchandise sales.

PREVIOUSLY, Saturday: The Justice Department cited one of Donald Trump’s social media posts in arguing that a protective order should be issued in the former president’s January 6th case, in which he has been charged with conspiracy in an effort to remain in power after the 2020 election.

In a filing late on Friday, prosecutors keyed in on one of Trump’s Truth Social postings from earlier in the day, in which he wrote, ‘IF YOU GO AFTER ME, I’M COMING AFTER YOU!” On Thursday, Trump pleaded not guilty to four charges related to his efforts to overturn the election results.

“If the defendant were to begin issuing public posts using details—or, for example, grand jury transcripts—obtained in discovery here, it could have a harmful chilling effect on witnesses or adversely affect the fair administration of justice in this case,” the prosecutors, led by Special Counsel Jack Smith, wrote in the court filing.

They are asking for a protective order restricting Trump and his legal team from disseminating discovery materials, including identifying information of witnesses and grand jury testimony. Such protective orders are not unusual, but the prosecutors wrote that “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.”

A Trump spokesperson said in response to the government’s filing, “The Truth post cited is the definition of political speech, and was in response to the RINO, China-loving, dishonest special interest groups and Super PACs, like the ones funded by the Koch brothers and the Club for No Growth.”

U.S. District Court Judge Tanya Chutkan has set an Aug. 10 deadline for prosecutors to propose a trial date, and Aug. 17 for Trump’s team to respond. A status conference also has been scheduled for Aug. 28, but Chutkan has waived the requirement that Trump appear then.