Trump gets a win in 2020 election case protective order battle as judge rules he can share some evidence

Donald Trump notched a win in the fight over a protective order in the 2020 election case as the judge ruled that some of the evidence that will be provided to him in the pre-trial discovery process won’t be restricted from dissemination if it’s not deemed “sensitive” by the government.

US District Judge Tanya Chutkan on Friday that the protective order will only apply to sensitive materials such as grand jury transcripts, witness interview records, and other documents that could identify witnesses or be used to poison the pool of potential jurors who will be responsible for deciding the ex-president’s fate when he goes on trial next year.

Special Counsel Jack Smith’s office had asked her to impose a more restrictive order which would have applied to any and all materials provided to Mr Trump’s defence team in discovery, while Mr Trump’s attorneys had asked for her to allow the former president leave to talk about non-sensitive materials, citing his ongoing campaign for the Republican nomination in next year’s presidential election.

Prosecutors had made the request for a broad protective order with the aim of preventing Mr Trump from poisoning the jury pool ahead of his expected trial next year, citing statements by the ex-president’s legal team which they said indicated a desire to try the case “in the press”.

But Judge Chutkan, a former defence attorney and a nine-year veteran of the federal bench who was nominated by then-president Barack Obama and confirmed by a unanimous Senate vote in 2014, rejected the prosecution’s preferred language on the grounds that Mr Trump’s conduct with regard to the non-sensitive discovery is still governed by his release conditions and the rules of the court.

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