According to Deadline, Federal prosecutors have alleged that former President Donald Trump was strategically seeking a court order with the intention of manipulating the narrative of his legal proceedings to play out in the media rather than in the courtroom. Special counsel Jack Smith’s legal team singled out Trump’s attorney, John Lauro, and his strategic appearance on multiple Sunday morning talk shows, a media tactic known as the “full Ginsburg.” Lauro’s presence on major news networks such as ABC, NBC, CBS, Fox News, and CNN within a single morning was seen as a calculated move to shape public opinion.
The essence of the accusation revolves around Trump’s approach to media coverage and his lawyer’s engagement in media outlets. The prosecutors contended that Trump’s legal team aimed to create a platform for discussing the case in the media and to exert influence through public discourse rather than adhering to the traditional legal processes within the courtroom.
“In television appearances, defense counsel also made specific claims about what the defendant allegedly said and did during the charged criminal conspiracies, and discussed anticipated testimony of Michael R. Pence, stating on ABC that the former Vice President would ‘be one of our best witnesses,’ and on CBS that ‘the Vice President will be our best witness.’”
Additionally, the prosecutors highlighted instances where Trump’s legal team openly discussed potential witnesses, including Vice President Mike Pence, and offered insights into the former Vice President’s potential testimony. In particular, they pointed to statements made by Trump’s lawyer on major television networks, implying that Pence would be a significant and favorable witness for Trump.
The government does not explain how a post on a different topic, which does not include or describe sensitive information, suggests President Trump might disseminate such information in the future
Moreover, the prosecutors noted Trump’s activity on social media over the weekend following the legal proceedings. One of his posts on his social media platform, Truth Social, caught their attention. In the post, Trump disparaged Pence and accused him of betrayal, marking a departure from the traditional decorum expected from a former President. This activity on social media, combined with the media blitz orchestrated by Trump’s legal team, contributed to the prosecutors’ argument that Trump was leveraging public discourse to his advantage.
Smith’s legal team argued that Trump’s proposed protective order, intended to restrict the dissemination of discovery materials, was too narrow and would essentially lead to the widespread public disclosure of sensitive information. This outcome, they suggested, would be in line with Trump’s apparent strategy of using media exposure to shape public opinion and gain an upper hand in the case. The prosecutors asserted that such an approach contradicted the true purpose of criminal discovery, which is designed to prepare a defense for the courtroom, not for a media campaign.
