Justice Dept Issues Motion for Protective Order Over Classified Docs in MAL Case
Published by The Lawfare Institute
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On July 17, the Justice Department filed a motion for a protective order pertaining to classified documents in the forthcoming trial of Donald Trump and Waltine Nauta for their alleged improper removal and storage of classified documents from the White House to Mar-a-Lago. Pursuant to Section 3 of the Classified Information Procedures Act, the decision is not discretionary; the court must grant the motion.
The Justice Department’s proposed order aims to establish procedures that must be followed by counsel, the parties, and any other individuals granted access to the classified information in the case.
According to the motion, “the storage, handling, and control of this information will require special security precautions,” and access to the information requires “appropriate security clearances and need-to-know.” The proposed order also outlines security procedures for the handling of classified documents, which include issuing security clearances to defense counsel.
Also attached to the order is a proposed memorandum of understanding which Trump, Nauta, and their lawyers must execute before they are granted access to any classified information. The memorandum, which “remain[s] forever binding,” requires them to “never divulge, publish, or reveal” any classified documents or information they receive without U.S. government or court approval.
In its motion, the Justice Department notes that counsel for Trump and Nauta indicated that they would object to portions of the protective order but did not specify which, and were unavailable to discuss in advance of the motion. The Justice Department asked the court to set an expedited briefing schedule for any objections to the proposed protective order.
You can read the motion, proposed order, and proposed memorandum of understanding here or below:
