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BumRushDaShow

(167,172 posts)
Mon Aug 7, 2023, 04:51 PM Aug 2023

Trump lawyers seek to narrow proposed limit on what he can say publicly in election case

Last edited Mon Aug 7, 2023, 08:32 PM - Edit history (2)

Source: NBC News

Donald Trump's lawyers asked a judge Monday to narrow the protective order federal prosecutors proposed last week to prohibit the former president from publicly disclosing certain evidence gathered in the special counsel's 2020 election probe.

In a 29-page filing, Trump’s attorneys called for a “less restrictive alternative” to the government’s order, framing their revisions as an effort aimed at “preserving the First Amendment rights of President Trump and the public.” Trump's lawyers argued that the government's proposal was "overbroad" and instead asked U.S. District Judge Tanya Chutkan of Washington, D.C., to adopt a revised order "to shield only genuinely sensitive materials from public view."

“The government requests the Court assume the role of censor and impose content-based regulations on President Trump’s political speech that would forbid him from publicly discussing or disclosing all non-public documents produced by the government, including both purportedly sensitive material and non sensitive potentially exculpatory documents," they wrote. That phrasing could require the judge to determine what would and would not pose a threat to witnesses, a process that could eat up hours of court time.

Prosecutors filed a response Monday night, defending their proposed order. "To facilitate the efficient production of discovery to the defense, the Government proposed a reasonable protective order consistent with current practice in this District," they wrote. "The defendant instead proposed an order designed to allow him to try this case in the media rather than in the courtroom."

Read more: https://www.nbcnews.com/politics/donald-trump/trump-seeks-narrow-special-counsels-proposed-protective-order-election-rcna98628



Article updated.

Previous article -

Donald Trump's lawyers on Monday asked a judge to narrow the protective order proposed by federal prosecutors last week aimed at prohibiting the former president from publicly disclosing certain evidence gathered during the special counsel's 2020 election probe.

In a 29-page filing, Trump's attorneys called for a "less restrictive alternative" to the government's order, framing their revisions as an effort aimed at "preserving the First Amendment rights of President Trump and the public." Trump's lawyers argued that the government's proposal was "overbroad" and instead asked Judge Tanya Chutkan to adopt a revised order "to shield only genuinely sensitive materials from public view."

"The government requests the Court assume the role of censor and impose content-based regulations on President Trump's political speech that would forbid him from publicly discussing or disclosing all non-public documents produced by the government, including both purportedly sensitive material and non sensitive potentially exculpatory documents," they wrote.

The filing includes proposed changes that would narrow the scope of the limitations sought by the government. One of the revisions would allow Trump to publicly disclose recordings and transcripts of witness testimony that prosecutors obtained in the course of their investigation and are expected to turn over to the defense.



Original headline/article -

Trump lawyers seek to narrow special counsel's proposed protective order in election case

Donald Trump's lawyers on Monday asked a judge to narrow the protective order proposed by federal prosecutors last week aimed at prohibiting the former president from publicly disclosing certain evidence gathered during the special counsel's 2020 election probe.

In a 29-page filing, Trump's lawyers argued that the government's proposal was "overbroad" and instead asked Judge Tanya Chutkan to adopt a revised order "to shield only genuinely sensitive materials from public view."

"The government requests the Court assume the role of censor and impose content-based regulations on President Trump's political speech that would forbid him from publicly discussing or disclosing all non-public documents produced by the government, including both purportedly sensitive material and non sensitive potentially exculpatory documents," they wrote. A spokesperson for the special counsel's office did not immediately respond to a request for comment.

In their proposal Friday, prosecutors cited Trump's social media posts in asking the judge to prohibit the former president and his defense team from publicly disclosing certain evidence in the case. Trump's disclosure of details or grand jury transcripts "could have a harmful chilling effect on witnesses or adversely affect the fair administration of justice in this case," the prosecutors argued in their motion.
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Trump lawyers seek to narrow proposed limit on what he can say publicly in election case (Original Post) BumRushDaShow Aug 2023 OP
29 page response to the 5-page proposed order by prosecutors. Asinine. n/t iluvtennis Aug 2023 #1
And I thought they said they didn't have enough time to respond ... doublethink Aug 2023 #2
Equals more billable hours? n/t thenelm1 Aug 2023 #11
Aww...No using "Truth" Social or Xitter to target and intimidate witnesses? LudwigPastorius Aug 2023 #3
LOL, the old school way 😂. n/t iluvtennis Aug 2023 #4
What they are doing with this judge, with their lecture on her "possible" censorship, ancianita Aug 2023 #5
+1 peppertree Aug 2023 #6
Key word..."limit." Tfg has no concept or forethought about what it might mean to be limited PortTack Aug 2023 #7
He can't be trusted to follow the current restrictive order SouthernDem4ever Aug 2023 #21
I'm no lawyer but... BaronChocula Aug 2023 #8
Traitortrump is not president. Hermit-The-Prog Aug 2023 #9
That was the first thing that struck me about the article, slightlv Aug 2023 #12
I can imagine him having a tantrum if his lawyers used "Mr." Hermit-The-Prog Aug 2023 #13
It is media practice to say President Trump or Obama or Bush. former9thward Aug 2023 #23
Still pushing the First Amendment defense... Ford_Prefect Aug 2023 #10
How about each time he violates the Judge's orders BlueIdaho Aug 2023 #14
Surely The Judge will See Through This DallasNE Aug 2023 #15
Judge Chutkan isn't messing around! LetMyPeopleVote Aug 2023 #16
TFG wants to try this case in the media rather than in the courtroom LetMyPeopleVote Aug 2023 #17
The judge needs to give trump the Beetlejuice treatment. Ray Bruns Aug 2023 #18
... BumRushDaShow Aug 2023 #20
I am secretly in love with Judge Chutkan Novara Aug 2023 #19
Judge Tanya Chutkan is not messing around LetMyPeopleVote Aug 2023 #22

doublethink

(7,318 posts)
2. And I thought they said they didn't have enough time to respond ...
Mon Aug 7, 2023, 05:08 PM
Aug 2023

even being on all the political talk shows over the weekend they come up with 29 pages ... of delay B.S. SMH. These guys are clowns.

LudwigPastorius

(14,383 posts)
3. Aww...No using "Truth" Social or Xitter to target and intimidate witnesses?
Mon Aug 7, 2023, 05:08 PM
Aug 2023


I guess Trump will have to do it the old fashioned way, threatening phone calls or a brick through their window.

ancianita

(43,162 posts)
5. What they are doing with this judge, with their lecture on her "possible" censorship,
Mon Aug 7, 2023, 05:28 PM
Aug 2023

with their sidelong contempt-driven, twisting of judicial ethics, with their "proposing" that the destructive, defamatory messaging of their client has no bearing on the court conditions for her, court officials, and the tenor of the trial.

Good luck telling a federal judge how to decide what communications are sensitive, and in effect, how to run her court. Telling a federal judge what her protective order judgment should entail?? Puh-lease.
Too stupid to be shady, these lawyers are just an embarrassment to their profession.

They'll fuck around and find out. She don't go for doing what Trump tells them to say. She don't play.

PortTack

(35,816 posts)
7. Key word..."limit." Tfg has no concept or forethought about what it might mean to be limited
Mon Aug 7, 2023, 05:56 PM
Aug 2023

If it were someone else, yes that might work.,with him…never.

BaronChocula

(4,188 posts)
8. I'm no lawyer but...
Mon Aug 7, 2023, 06:02 PM
Aug 2023

It seems that a merely limited protective order would require discretion on the part of defendant's counsel (or in this case, discretion on the part of defendant who doesn't listen to counsel) not to make any revelations, but it's been proven that discretion doesn't exist.

Or it's possible I don't know what I'm talking about.

slightlv

(7,583 posts)
12. That was the first thing that struck me about the article,
Mon Aug 7, 2023, 07:35 PM
Aug 2023

Hermit... they keep calling him "President"... and that is NOT how he should be officially addressed. It demeans the office, and it demeans President Biden, the current office holder. And, tho he doesn't realize it, it also demeans Trump, himself. (but he doesn't really give a damn...he just likes how it sounds to his magaloons). However, I DO wish someone would --emphatically-- educate his lawyers on the correct way to refer to their client in filings and memos, or lay down possible consequences... such as that individual (a "President Trump" is a persona non grata).

Further, the FORMER *resident *rump has no ability to discriminate in his spewings on his social media, and it should not be up to the judge to be his censor for his every word and utterance. That's just setting her up for more death threats. No freaking way is that going to pass muster! That's just utter insanity!

For what he has already posted from the very moment he was released on his own recognizance, AFTER signing his name to his understanding of what he was suppose to adhere to, I say LOCK HIM UP NOW! He has already violated his recognizance bond (or whatever they call it). Treat him like the private citizen he is!!!!! I'm so sick of him being treated like freaking royalty. We don't have a monarchy in this country. He is not a king. He is not a dictator... no matter how much he craves to be one! Toss him in jail NOW!

Hermit-The-Prog

(36,631 posts)
13. I can imagine him having a tantrum if his lawyers used "Mr."
Mon Aug 7, 2023, 07:43 PM
Aug 2023

I'm losing hope that he will ever face any meaningful consequences for his threats.

former9thward

(33,424 posts)
23. It is media practice to say President Trump or Obama or Bush.
Tue Aug 8, 2023, 06:01 PM
Aug 2023

The contemporary practice is to address former presidents as President (Surname)in conversation. The current president is the only one identified as The President or addressed as Mr. President.

https://www.formsofaddress.info/president-usa-former/

DallasNE

(7,984 posts)
15. Surely The Judge will See Through This
Mon Aug 7, 2023, 09:47 PM
Aug 2023

The material Trump wants to disclose will be cherry-picked and thus lack context. It will also lack cross-examination to determine value. It would be a terrible decision to allow such a sham thing to occur. This decision will also affect court proceedings in all cases after this one so opening pandora's box hardly seems prudent.

Novara

(6,115 posts)
19. I am secretly in love with Judge Chutkan
Tue Aug 8, 2023, 06:58 AM
Aug 2023

She is NOT fucking around. The attorneys have to meet TODAY to hammer out details (spoiler: they won't be able to work out details) and then they all meet in her courtroom Friday.

I am pretty sure she will grant the DOJ's motion. It looks to me like Jack Smith was going to make this argument about trying the case in the media all along but he was waiting for the perfect opportunity to do so. The defendant's lawyers just gave him the perfect opportunity to do so! He played them like the cheap fiddle they are, ha ha ha ha ha!

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