Jack Smith Tears Into Trump's Protective Order Counterproposal

Special Counsel Jack Smith is asking the court to dismiss former President Donald Trump's protective order counterproposal that would broaden access to evidence, saying that the initial order sought by the Department of Justice (DOJ) was "standard" and "reasonable."

The DOJ filed a request last week to U.S. District Judge Tanya Chutkan, the federal judge overseeing Trump's 2020 election case, to place a protective order concerning which pieces of evidence the former president is allowed to discuss publicly. Trump pleaded not guilty during his arraignment hearing last week to all four criminal counts stemming from the federal investigation into the former president's alleged efforts to remain in office after losing the election to President Joe Biden.

Trump's defense team, however, argued in a court filing on Monday that Smith's proposed protective order was an infringement on the former president's First Amendment rights, and was much too broad and restrictive. Instead, Trump's lawyers gave their own proposals, countering the DOJ's call to prohibit evidence deemed "sensitive" from being discussed publicly.

Smith responded quickly to Trump's counterproposal Monday evening, stating that the government's first order was "a standard, reasonable order that will streamline the flow of discovery to the defendant while preserving the integrity of these proceedings." The special counsel also tore apart Trump's filing, pointing to "specific deficiencies" in the looser protections outlined in the 29-page document.