The Justice Department is seeking to limit Trump’s public comments on his case

The Justice Department requested a protective order from the federal judge overseeing Donald Trump’s legal case in Washington after the former president posted a comment on his social media alluding he would get revenge on those who were pursuing him in court. 

CBS News reported the Justice Department asked the U.S. District Court Judge Tanya Chutkan on August 4th to issue a protective order limiting what Trump and his legal team could publicly share about the ongoing case over his role on January 6th. 

Prosecutors wrote in their motion for a protective order to the judge that it wasn’t “overly restrictive” but reasoned it was needed to prevent “the improper dissemination or use of discovery materials, including to the public.”

According to The Telegraph, discovery is the process by which prosecutors have to give defendants all the evidence they have gathered against them so that their defense can be properly prepared.

The protective order in the case was “particularly important” in the eyes of prosecutors because of Trump’s previous history of public statements on social media regarding “witnesses, judges, attorneys, and others associated with legal matters pending against him.”

Prosecutors pointed out that in the days leading up to their motion, the former president was actively issuing multiple statements on his social media accounts and they included his most concerning post: “IF YOU GO AFTER ME, I’M COMING AFTER YOU!”

The prosecutors went on to argue that if Trump began posting details such as grand jury transcripts, “it could have a harmful chilling effect on witnesses or adversely affect the fair administration of justice in this case.”

Interestingly, the protective order was designed so that either party could seek to have it modified at any time, something prosecutors said put Trump in a better position if he received discovery under the order than if he received it while the order was pending. 

The Hill’s Nick Robertson noted two different drafts of the protective order were given to the former president’s legal team, both of which weren't agreed to according to Special Counsel Jack Smith. Trump’s team proposed their own version but it was not accepted.  

Robertson also pointed out New York prosecutors sought a similar protective order in their case against the former president and his alleged falsified business documents which included hush money payments to adult film star Stormy Daniels. 

“Donald J. Trump has a longstanding and perhaps singular history of attacking witnesses, investigators, prosecutors, trial jurors, grand jurors, judges, and others involved in legal proceedings against him,” argued Assistant District Attorney Catherine McCaw.

Trump’s campaign denied that the comments he made of Truth Social were a threat to potential witnesses according to The Hill. However, it's difficult to believe that the former president would post his comment in reference to anything but those working to try him for his alleged crimes. 

“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,” a Trump campaign spokesperson explained.

On August 1st, Trump was indicted on four federal charges for his role in attempting to overturn the 2020 election, and the former president was arraigned on August 3rd.

Trump pleaded not guilty to all four of the charges levied against him according to CBS News and the former president’s legal team was given until 5:00 pm on August 7th to respond to the Justice Department’s request. 

Protective orders are finally common in criminal cases according to CBS News but one is particularly important in the former president’s current case because of a post Trump made on Truth Social promising revenge on anyone associated with his legal issues.