Courts & Litigation Democracy & Elections

Government Submits Reply in Support of Protective Order in Trump Jan. 6 Case

Anna Hickey
Tuesday, August 8, 2023, 11:03 AM

The defense counsel responded to the government’s proposed protective order by arguing it would infringe on Trump’s First Amendment rights.

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On Aug. 7, the government submitted a reply in support of their motion for a protective order after Donald Trump’s defense team submitted a response in opposition to the government’s motion in the Jan. 6 case. Using the defense counsel’s public statements made on various Sunday morning television shows, the government states that the defense counsel’s goal is “to publicly disseminate and discuss discovery materials in the public sphere.” The government argues that “[t]he defendant’s proposed order would lead to the public dissemination of discovery material” against the District court rules. It contends that public dissemination of evidence risks exposing witness testimony before the trial, tainting the jury pool, and “in general degrad[ing] the integrity and proceedings in this Court.”

Following the government’s reply, Judge Chutkan responded to the inability of the parties to find a consensus on a protective order by requiring the parties to file a joint notice on when they are available for a hearing to discuss both proposals. The judge wants the hearing to occur before Friday, Aug. 11. View the docket text below.

Read the reply here or below.



Anna Hickey is the associate editor for communications of Lawfare. She holds a B.A. in interdisciplinary studies: communications, legal studies, economics, and government with a minor in international studies from American University.

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