Special Counsel: "Court should modify the defendant's conditions of release...."
! And look at this… Special Counsel raises the prospect of the judge changing Trump’s *release conditions*
“Court should modify the defendant’s conditions of release….”
Just as the defendants in Brown took advantage of that court’s suspension of its order
prohibiting certain extrajudicial statements to publicly release evidence and prejudice the jury
pool, see ECF No. 64 at 8, here the defendant has capitalized on the Court’s administrative stay
to, among other prejudicial conduct, send an unmistakable and threatening message to a
foreseeable witness in this case. Unless the Court lifts the administrative stay, the defendant will not stop his harmful and prejudicial attacks. In addition, to the extent that the defendant’s public message—directed to the Chief of Staff, with knowledge that it would reach him—is not already covered by his release conditions, it is an intentional end-run around them. See ECF No. 13 ¶ 7(t) (“The defendant shall not communicate about the facts of the case with any individual known to the defendant to be a witness, except through counsel or in the presence of counsel.”).Accordingly, the Court should modify the defendant’s conditions of release by making compliance with the Order a condition or by clarifying that the existing condition barring communication with witnesses about the facts of the case includes indirect messages to witnesses made publicly on social media or in speeches.15 See United States v. Stone, No. 1:19-cr-18, ECF No. 43 (D.D.C. Feb. 22, 2019) (incorporating compliance with 57.7(c) order as a condition of release). By doing so, the Court will have at its disposal the compliance measures available under 18 U.S.C. § 3148 in addition to those available as a contempt penalty for violating the Order. Otherwise, without
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https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.120.0.pdf
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