Trump blasts DOJ protective order for targeting his right to ‘political speech’

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Donald Trump
Former President Donald Trump arrives to board his plane at Ronald Reagan Washington National Airport, Thursday, Aug. 3, 2023, in Arlington, Va., after facing a judge on federal conspiracy charges that allege he conspired to subvert the 2020 election. (AP Photo/Alex Brandon) Alex Brandon/AP

Trump blasts DOJ protective order for targeting his right to ‘political speech’

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Former President Donald Trump hit out against a protective order issued by the Justice Department late Friday night, accusing prosecutors of unfairly restricting his right to “political speech.”

The DOJ issued a court filing at about 10 p.m. on Friday, calling attention to a message Trump posted on his Truth Social account that prosecutors say raises concerns the former president may improperly share details about his latest criminal proceedings. Trump slammed those efforts, arguing the social media post fell under his First Amendment rights to share his opinion online.

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“The Truth post cited is 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,” a Trump spokesperson said in a statement.

The court filing came in response to a post by Trump that warned “If you go after me, I’m coming after you!” The missive prompted concerns among prosecutors that Trump would publicly share evidence from special counsel Jack Smith’s criminal case detailing the former president’s efforts to overturn the results of the 2020 election.

In the filing, prosecutors urged U.S. District Court Judge Tanya Chutkan to issue an order prohibiting any findings related to the case be kept from public view.

“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,” Senior Assistant Special Counsels Molly Gaston and Thomas Windom wrote in the filing. “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.”

The filing does not specifically request a gag order against Trump, which would bar him from discussing the case altogether outside the courtroom or with the media. However, prosecutors noted they are set to share a “substantial” amount of evidence to Trump’s team, which they are trying to keep out of public view while criminal proceedings play out.

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The request comes just one day after Trump traveled to Washington, D.C., where he was arraigned on four federal charges, including one count of conspiracy to defraud the United States, one count of conspiracy to obstruct an official proceeding, one count of obstruction of and attempt to obstruct an official proceeding, and one count of conspiracy against rights.

Trump has pleaded not guilty to all charges. He is scheduled to reappear in court on Aug. 28 for a hearing, during which his trial date will be set.

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