General Discussion
In reply to the discussion: Trump's lawyers are now ordered to appear before the court by 5 PM on Monday [View all]Ocelot II
(131,489 posts)to people who clearly don't know how any of this works. I actually have a law degree, and although I've been retired for awhile I do have a pretty good idea how routine discovery motions, which this is, are handled.
Once again: There was already a motion for a protective order in the works in which the prosecutors outlined for the court how they wanted certain evidence to be handled by the defense, to be sure the names and statements of witnesses were not disclosed to the public. Just before Smith filed it with the court, TFG posted his threatening fake tweet. At the last minute Smith included it in the motion so the court would be aware of it and to emphasize the need to protect the names of witnesses. Smith's motion does not include a request for any change in TFG's conditions of release, or a gag order, or anything directly related to TFG's conduct. The court promptly ordered his lawyers to respond by COB on Monday. It's clear that a protective order will be granted; the only question is what it will include and how those materials will be handled.
What has not happened yet is any process relating directly to TFG's post. This would require the court to determine whether the content of the post was specific enough to violate the terms imposed on him, and if so, what should be done about it. That's a separate procedure and so far that hasn't happened, though it could and probably should. But once again, this protective order motion is NOT about sanctioning TFG for his post.