Trump Lawyers Fight Order That Would Limit What He Can Say About Jan. 6 Evidence

Former President Donald Trump’s attorneys asked a federal judge to reject a proposed protective order in the government’s election conspiracy case, claiming the effort to limit any public release of evidence would restrict his First Amendment rights.

Special counsel Jack Smith’s team first asked U.S. District Judge Tanya Chutkan on Friday to issue a protective order related to any evidence shared with Trump’s team as lawyers prepare for trial. Though requesting such orders is not unusual, prosecutors suggested Trump’s bombastic use of social media could be a concern as the case moves forward.

Smith’s team included a screenshot of a Truth Social message Trump posted last week, declaring in all caps: “IF YOU GO AFTER ME, I”M COMING AFTER YOU!”

A protective order is a relatively standard move that would limit how Trump and his legal team can use evidence collected by prosecutors and shared with Trump’s side before the trial begins. Generally, a court can order that such evidence be used only for work on the case and not be publicly released.

Trump’s lawyers filed their own motion in court Monday asking the judge to limit a protective order to “genuinely sensitive” material.