Trump's lawyers argue proposed protective order in 2020 election case violates free speech

Donald Trump's lawyers on Monday (Aug 7) urged a Washington, D.C., federal judge to restrict only "genuinely sensitive materials" in the former U.S. president's 2020 election case from being released to the public ahead of trial.

Donald Trump's lawyers on Monday (Aug 7) urged a Washington, D.C., federal judge to restrict only "genuinely sensitive materials" in the former U.S. president's 2020 election case from being released to the public ahead of trial.

"In a trial about First Amendment rights, the government seeks to restrict First Amendment rights," Trump's lawyers said in court papers filed on Monday, referring to the right of free speech guaranteed by the U.S. Constitution.

Prosecutors on Friday had asked U.S. District Judge Tanya Chutkan for a protective order limiting how evidence from the trial may be handled. That filing pointed to a post from Trump on his Truth Social site that said, "IF YOU GO AFTER ME, I'M COMING AFTER YOU!"

U.S. special counsel Jack Smith's office said the post could suggest that Trump, front-runner for the 2024 Republican presidential nomination, might intimidate witnesses by improperly disclosing confidential evidence received from prosecutors.

Protective orders are typically issued in criminal cases.

Monday's court filing from Trump's lawyers did not directly address the claims of potential witness intimidation by their client.

Trump on Thursday pleaded not guilty to federal charges that he orchestrated a plot to try to overturn his 2020 election loss to Democratic President Joe Biden. It was the third criminal case brought against Trump so far this year.