Lawyers representing former President Donald Trump issued a court filing requesting a federal judge to grant the legal team a three-day extension to respond to a protective order filed by the Justice Department that would block the former president from sharing details of evidence from his Jan. 6 criminal case proceedings.
The request was filed Saturday afternoon shortly after Judge Tanya Chutkan ruled Trump’s legal team must respond to the special counsel’s motion by Monday at 5 p.m. That order came in response to a court filing by the Justice Department 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.
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“The government entertained no discussion regarding the content or scope of the Proposed Order, but instead demanded an immediate, take-it-or-leave-it response,” Trump’s team wrote in its filing. “Without doubt, discovery in this case will be extensive and likely present numerous complex issues. For that reason, it is essential to structure the parties’ discussions in a methodical and, ideally, cooperate manner.”
Instead, the Trump team requested the deadline be moved to Thursday, arguing such a move would allow lawyers to asses the protective fully before deciding how to move forward.
“Friday evening ultimatums, given by the government before even calling the defense counsel, are wholly unproductive and undermine the potential for a party-driven resolutions,” the defense team wrote. “Requiring a Monday response to a Friday evening motion likewise forecloses the possibility of agreement and would encourage such improper tactics by the government in the future.”
If Trump’s team seeks to challenge the protective order, which is likely in this case, the former president’s lawyers must file a revised version of the order and submit it to Chutkan ahead of the deadline, according to the judge’s ruling.
The protective order was filed after Trump posted a message on his Truth Social account, warning, “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 pressed 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 with Trump’s team, which they are trying to keep out of public view while criminal proceedings play out.
Trump’s team slammed those efforts, arguing the social media post fell under his First Amendment rights to share his opinion online.
“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.
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The filing comes just days 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.
