Former President Donald Trump gestures after speaking at a fundraiser event for the Alabama GOP, Friday, Aug. 4, 2023, in Montgomery, Alabama (Photo by BUTCH DILL / AP)
The has 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 on Friday requested that US District Court Judge Tanya Chutkan issue a protective order concerning evidence 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, different from a 鈥済ag order,鈥� 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鈥檚 鈥減articularly important in this case鈥� because Trump has posted on social media about 鈥渨itnesses, judges, attorneys, and others associated with legal matters pending against him.鈥�
Prosecutors pointed specifically to a post on Trump鈥檚 Truth Social platform from earlier Friday in which Trump wrote, in all capital letters, 鈥淚f you go after me, I鈥檓 coming after you!鈥�
Prosecutors said they are ready to hand over a 鈥渟ubstantial鈥� amount of evidence 鈥� 鈥渕uch of which includes sensitive and confidential information鈥� 鈥� to Trump鈥檚 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 鈥渉armful chilling effect on witnesses or adversely affect the fair administration of justice in this case.鈥�
Prosecutors鈥� 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鈥� lawyers or others approved by the court. It would put stricter limits on 鈥渟ensitive materials,鈥� 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鈥檚 post 鈥渋s the definition of political speech,鈥� and was made in response to 鈥渄ishonest special interest groups and Super PACs.鈥�
It鈥檚 unclear when Chutkan might rule on the matter. Chutkan, a former assistant public defender who was nominated to the bench by President Barack Obama, has been聽one of the toughest punishers of rioters聽who stormed the Capitol in the Jan. 6, 2021, attack fueled by Trump鈥檚 baseless claims of a stolen election.
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聽legal challenges floundered in court.
The indictment chronicles how Trump and his Republican allies, in what Smith described as an attack on a 鈥渂edrock function of the US government,鈥� 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.
Trump faces charges including conspiracy to defraud the US and conspiracy to obstruct Congress鈥� certification of Biden鈥檚 electoral victory.
It鈥檚 the third criminal case brought this year against the early front-runner in the 2024 Republican presidential primary. But it鈥檚 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 US Capitol on Jan. 6, 2021.
Smith has also charged Trump in Florida federal court with聽illegally hoarding classified documents聽at Trump鈥檚 Mar-a-Lago estate and thwarting government efforts to get them back.
The magistrate judge in that case agreed to a protective order in June that prohibits Trump and his legal team from publicly disclosing evidence turned over to them by prosecutors without prior approval. Prosecutors are seeking another protective order in that case with more rules about the defense team鈥檚 handling of classified evidence.
After his court appearance on Thursday in the Washington case, Trump characterized the prosecution as a 鈥減ersecution鈥� 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 鈥渟peedy trial鈥� 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聽hush-money payments made during the 2016 campaign聽and in May in the classified documents case.