On Friday, the 77-year-old wrote on his social media network: 'IF YOU GO AFTER ME, I'M COMING AFTER YOU!' - an apparent threat to those who may cooperate
Hours later, Jack Smith, the special counsel overseeing the prosecution, sought a protective order, citing Trump's post as evidence he may threaten witnesses
By HARRIET ALEXANDER FOR DAILYMAIL.COM
The special counsel overseeing a Donald Trump indictment has sought an emergency protective order just hours after the ex-president made a social media post viewed as threatening to witnesses.
Jack Smith entered Trump's post - saying 'IF YOU GO AFTER ME, I'M COMING AFTER YOU' - into evidence on Friday night, shortly after it was posted.
Smith says the post shows Trump cannot be trusted to keep confidential information disclosed to defendants ahead of a criminal trial confidential.
Trump - who's favorite to win the GOP's 2024 presidential nomination - also faces allegations of trying to intimidate witnesses being lined-up to testify against him. Defendants are provided with discovery - the evidence against them - but cannot publicize it.
Smith warned the post indicated Trump was determined to attack his critics by any means necessary.
'If the defendant were to begin issuing public posts using details - or, for example, grand jury transcripts - obtained in discovery here, it could have a harmful chilling effect on witnesses or adversely affect the fair administration of justice in this case,' Smith wrote.
Donald Trump is pictured on Friday speaking in Montgomery, Alabama. Shortly before the event he posted a threat on social media against those involved in the case
Nancy Pelosi claims Trump looked like a 'scared puppy' in court
On Thursday, the judge in his case - which deals with Trump's efforts to overturn the election - reminded Trump it is a crime to intimidate a juror, bribe anyone or obstruct the administration of justice.
Asked if he understood the standard disclaimer, Trump responded that he did.
Yet on Friday, Trump posted a threat against those involved in the case, leading Smith to fear that Trump could use the discovery material against those involved.
Smith said the proposed protective order was not 'overly restrictive,' noting that it would still enable Trump to use discovery materials in his defense.
'All the proposed order seeks to prevent is the improper dissemination or use of discovery materials, including to the public,' Smith wrote.
'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.
'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.'
Smith then included a screenshot of the Truth Social post.
A Trump spokesperson said the post was 'political speech' and dismissed claims that it was threatening.
'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,' they said.
Jack Smith, the special counsel, is pictured on August 1 explaining the decision to charge Trump on four counts relating to his attempts to overturn the 2020 election
Trump: Deranged Jack Smith. Doesn’t he look deranged? You’ve seen the pictures with the purple robe. He’s a deranged human being. This guy is a lost soul. Bad guy. He’s a deranged sick person pic.twitter.com/06mF1tJ7PE— Acyn (@Acyn) August 5, 2023
Smith has already requested a protective order in his other case, which deals with Trump's mishandling of classified documents.
Lawyers for Trump and his co-defendant Walt Nauta did not oppose the requested protective order, according to that filing: they are yet to respond to Smith's latest request.
After making his Truth Social threat, Trump on Friday night was on stage at a rally in Montgomery, Alabama, where he mocked Smith.
'Deranged Jack Smith. Doesn't he look deranged?' Trump asked the crowd.
'You've seen the pictures with the purple robe. He's a deranged human being.
'Somebody said you should treat him nicer, maybe he'd be nice. But let me tell you.
'This guy is a lost soul. Bad guy. He's a deranged sick person.'
August 5, 2023
The Associated Press
Former President Donald Trump gestures after speaking at a fundraiser event for the Alabama GOP on Friday.Butch Dill/AP
The Justice Department on Friday asked a federal judge overseeing the criminal case against former President Donald Trump in Washington to step in after he released a post online that appeared to promise revenge on anyone who goes after him.
Prosecutors asked U.S. District Court Judge Tanya Chutkan to issue a protective order in the case a day after Trump pleaded not guilty to charges of trying to overturn his 2020 election loss and block the peaceful transition of power. The order — which is different from a so-called "gag order" — would limit what information Trump and his legal team could share publicly about the case brought by special counsel Jack Smith.
Such protective orders are common in criminal cases, but prosecutors said it's "particularly important in this case" because Trump has posted on social media about "witnesses, judges, attorneys, and others associated with legal matters pending against him."
Prosecutors pointed specifically to a post on Trump's Truth Social platform from earlier Friday in which Trump wrote, in all capital letters, "If you go after me, I'm coming after you!"
Prosecutors said they are ready to hand over a "substantial" amount of evidence — "much of which includes sensitive and confidential information" — to Trump's legal team.
They told the judge that if Trump were to begin posting about grand jury transcripts or other evidence provided by the Justice Department, it could have a "harmful chilling effect on witnesses or adversely affect the fair administration of justice in this case."
Sponsor Message
The latest Trump indictment lists 6 unnamed co-conspirators. Here's what we know
Prosecutors' proposed protective order seeks to prevent Trump and his lawyers from disclosing materials provided by the government to anyone other than people on his legal team, possible witnesses, the witnesses' lawyers or others approved by the court. It would put stricter limits on "sensitive materials," which would include grand jury witness testimony and materials obtained through sealed search warrants.
A Trump spokesperson said in an emailed statement that the former president's post "is the definition of political speech," and was made in response to "dishonest special interest groups and Super PACs."
The indictment unsealed this week accuses Trump of brazenly conspiring with allies to spread falsehoods and concoct schemes intended to overturn his election loss to President Joe Biden as his legal challenges floundered in court.
The indictment chronicles how Trump and his Republican allies, in what Smith described as an attack on a "bedrock function of the U.S. government," repeatedly lied about the results in the two months after he lost the election and pressured his vice president, Mike Pence, and state election officials to take action to help him cling to power.
5 things to know about the latest charges against Donald Trump
Trump faces charges including conspiracy to defraud the U.S. and conspiracy to obstruct Congress' certification of Biden's electoral victory.
It's the third criminal case brought this year against the the early front-runner in the 2024 Republican presidential primary. But it's the first case to try to hold Trump responsible for his efforts to remain in power during the chaotic weeks between his election loss and the attack by his supporters on the U.S. Capitol on Jan. 6, 2021.
After his court appearance on Thursday before a magistrate judge, Trump characterized the case as a "persecution" designed to hurt his 2024 presidential campaign. His legal team has described it as an attack on his right to free speech and his right to challenge an election that he believed had been stolen.
Smith has said prosecutors will seek a "speedy trial" against Trump in the election case. Judge Chutkan has ordered the government to file a brief by Thursday proposing a trial date. The first court hearing in front of Chutkan is scheduled for Aug. 28.
Trump is already scheduled to stand trial in March in the New York case stemming from hush-money payments made during the 2016 campaign and in May in the federal case in Florida stemming from classified documents found at his Mar-a-Lago estate.
'I am coming for you', Trump tweets after Judge's warning on arraignment
Former President Trump released on terms, warned not to break them; next court hearing scheduled for Aug. 28. Trump slams back with a tweet lamenting threat.
U.S. Magistrate Judge Moxila A. Upadhyaya has permitted the former president to withdraw his second arraignment in court on Thursday with no limitations to his travel or financial security.
Trump immediately dropped a fiery tweet, making pointed and threatening remarks toward prosecutors, judges, and juries “IF YOU GO AFTER ME, I’M COMING AFTER YOU!”
On Thursday, Upadhyaya let the former president leave his second arraignment in federal court without imposing any travel restrictions or a cash bond on him. But, she also reminded him of the terms of his release and warned him not to break them.
She also scheduled the next court hearing in the case for Aug. 28.
The terms of his release were similar to those set by a judge in Miami federal court.
Trump argued ‘not guilty’ to the allegations connected with claims of mishandling of classified documents recovered from his Florida resort.
The unprecedented arraignment of former President Donald J. Trump on charges linked with his apparent endeavors to have tampered with the 2020 official elections closed with a couple of customary cautions from the judge who led the session.
Refrain from conversing about the case with any witnesses
One who abstains from compelling witnesses receives additional consideration. The 45th US president was informed that he is denied from discussing the ongoing process of the case with any witnesses.
Upadhyaya mentions, Trump might actually speak with a witness about the situation within the sight of his lawyer.
Upadhyaya also reminds former President Trump that it is an offense to threaten a witness or endeavor to fight back against any individual who could provide testimony.
IT IS A CRIME TO TRY TO INFLUENCE A JUROR OR TO THREATEN OR ATTEMPT TO BRIBE A WITNESS OR ANY OTHER PERSON WHO MAY HAVE INFORMATION ABOUT YOUR CASE, OR TO RETALIATE AGAINST ANYONE FOR PROVIDING INFORMATION ABOUT YOUR CASE TO THE PROSECUTION, OR TO OTHERWISE OBSTRUCT THE ADMINISTRATION OF JUSTICE.
The board didn't find the witness; The New York Times revealed that witness Cassidy Hutchinson, Trump's helper, had gotten the contact, provoking the Jan. 6 board to climb the meeting highlighting her public declaration.
Why Jan. 6? Possible witness tampering to DOJ?
The Jan. 6 committee said it referred a possible case of witness tampering to the Justice Department. The committee’s vice chair, Liz Cheney, said a former Trump White House aide received a call from someone who tried to influence her testimony.
The witness, Cassidy Hutchinson, told the committee, “(A person) let me know you have your deposition tomorrow. He wants me to let you know that he’s thinking about you. He knows you’re loyal, and you’re going to do the right thing when you go in for your deposition.”
The committee did not name the caller, but The New York Times reported that it was former President Trump’s chief of staff, Mark Meadows.
The committee moved up Hutchinson’s public hearing after learning about the call.
ALSO READ: Donald Trump pleads not guilty to charges he tried to overturn election loss
Florida Governor Ron DeSantis ‘unsubstantiated’ Donald Trump’s election fraud theories in Iowa
As Trump hung over the table with his hands folded, The judge let Trump know that the main state of delivery is that he commits no offenses. In failing to do so, the former President could be revoked.
While Trump might actually confront his fourth indictment in Georgia with links to theinvestigation of electoral obstruction in the 2020 presidential race, criminal allegations in Georgia are probably not going to abuse the release conditions.
The warning given by the judge is likely to apply to criminal charges carried out after the trial, so an indictment in the state of Georgia wouldn't mean Trump neglected to consent to his terms of release.
Trump need not appear in federal court for his next hearing, which is to take place in Washington on August 28th. Upadhyaya told Trump his appearance would be waived at the next hearing if he was represented by his lawyer.
No comments:
Post a Comment