In response to threatening language from former President Donald Trump on social media, Special Counsel Jack Smith has taken a significant step to protect witnesses and ensure a fair administration of justice. Smith sought an order of protection in light of a post on the Trump Truth social media platform, where Trump stated, “If you go after me, I’m coming after you.”
This post raised concerns that the dissemination of discovery materials, including possible grand jury transcripts, could have a chilling effect on witnesses involved in the case.
The motion filed by Smith aims to prevent any improper use or public dissemination of discovery materials related to the case. This restriction is seen as crucial given Trump’s history of making public statements on social media about individuals involved in legal matters against him, including witnesses, judges, and attorneys. Smith highlighted that any public posts by Trump using details or materials obtained during discovery could potentially harm witnesses and interfere with the fair administration of justice in the case.
In response to the motion, the Trump campaign defended the social media post, claiming it was not intended as a threat but rather directed at specific groups they deemed as “RINO, China-loving, dishonest special interest groups and Super PACs.” They cited organizations funded by the Koch brothers and the Club for No Growth as examples.
All the proposed order seeks to prevent is the improper dissemination or use of discovery materials, including to the public. Such a restriction is particularly important in this case because the defendant has previously issued public statements on social media regarding witnesses, judges, attorneys, and others associated with legal matters pending against him. And in recent days, regarding this case, the defendant has issued multiple posts—either specifically or by implication—including the following, which the defendant posted just hours ago:
If the defendant were to begin issuing public posts using details—or, for example, grand jury transcripts—obtained in discovery here, it could have a harmful chilling effect on witnesses or adversely affect the fair administration of justice in this case.
To ensure the protection of sensitive materials, Smith’s team included a proposed order for Federal District Judge Tanya Chutkan to sign, pending approval. This proposed order outlines that both the defendant and defense counsel are not allowed to disclose the materials or their contents to anyone other than those specifically authorized by the Court.
The authorized persons include individuals employed to assist in the defense, potential witnesses and their counsel, and other parties the Court may authorize. While potential witnesses and their counsel may be shown copies of the materials for the preparation of the defense, they are not allowed to retain copies without prior permission from the Court.
The defendant and defense counsel shall not disclose the Materials or their contents directly or indirectly to any person or entity other than persons employed to assist in the defense, persons who are interviewed as potential witnesses, counsel for potential witnesses, and other persons to whom the Court may authorize disclosure (collectively, “Authorized Persons”). Potential witnesses and their counsel may be shown copies of the Materials as necessary to prepare the defense, but they may not retain copies without prior permission of the Court.
