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.

"The defendant has proposed an unreasonable order to facilitate his plan to litigate this case in the media, to the detriment of litigating this case in the courtroom," Smith wrote in his response, which was obtained by Newsweek. "Normal order should prevail."

Federal prosecutors specifically homed in on instances where Trump's legal team proposed changes that would expand who could have access to the evidence involved in the case. According to Smith, such language changes would be "boundless" and allow for Trump to share information with an undefined group of people.

Newsweek reached out to Trump's campaign via email for comment Monday evening.

The DOJ requested a protective order after Trump posted to his Truth Social account, "IF YOU GO AFTER ME, I'M COMING AFTER YOU!" The post attracted attention from several legal experts who predicted that the language could lead to further restrictions against the former president.

Trump's campaign team claimed that the post was not related to the Justice Department's charges, however, stating that it was "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."

Smith said in his filing last week that prosecutors will present Trump's team with an "extensive amount" of evidence in their discovery once a protective order is in place.