A federal judge Monday granted the Justice Department a protective order on its evidence provided to former President Donald Trump and his defense team in the classified documents case.
Judge Bruce Reinhart, who approved the warrant to search Mar-a-Lago, granted a protective order on discovery Monday sought by the Justice Department.
The order states discovery materials must be maintained in the custody and control of defense counsel.
"Defense counsel shall store the Discovery Materials securely with labels that make it clear that the materials are subject to the Order. Electronic materials or copies of the Discovery Materials shall be stored in the same manner.," the order said.
It requires that Trump only have access to discovery materials under the "direct supervision of defense counsel or a member of the defense counsel's staff."
He is allowed to take notes on the discovery materials, but counsel must securely store those notes afterward.
The judge agreed with the government that discovery materials "shall not be disclosed to the public or the news media, or disseminated on any news or social media platform, without prior notice to and consent of the United States or approval of the Court."
A knowing violation of the order by defendants, defense counsel, and authorized persons may result in contempt of court or other civil or criminal sanctions, Reinhart wrote.
"Within 90 days of the conclusion of all stages of this case, including all related appeals, all Discovery Materials and all copies thereof shall be destroyed by Defense Counsel or returned to the United States, unless otherwise ordered by the Court. The Court may require a certification as to the disposition of any such materials," the protective order said.
Defendants and defense counsel are also barred from disclosing discovery materials or their contents directly or indirectly to any person or entity other than persons employed to assist in the defense, persons who are interviewed as potential witnesses, counsel for potential witnesses, and other "Authorized Persons" to whom the Court may authorize disclosure. Defense must provide the authorized person with a copy of protective order and that person must sign an agreement to the restrictions not to share the information.
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The order defines discovery materials as "All non-classified discovery produced by the United States to the Defendants in preparation for, or in connection with, any stage of this case," and says that they "may be used by the Defendants and Defense Counsel… solely in connection with the defense of this case, and for no other purpose, and in connection with no other proceeding, without further order of this Court."
On June 8, 2023, a grand jury in the Southern District of Florida returned a 38-count indictment charging Trump and Waltine Nauta.
Trump is charged with unlawfully retaining national defense information, while Trump and Nauta are charged jointly with conspiring to obstruct justice, obstructing justice, concealing a document in a federal investigation in connection to a "false statements concealment scheme," and making false statements.
In requesting the protective order Friday, Special Counsel Jack Smith noted, "The materials also include information pertaining to ongoing investigations, the disclosure of which could compromise those investigations and identify uncharged individuals,"
"As a result, the government proposes protections against the dissemination of discovery materials and the sensitive information that they contain," the request added.
The DOJ said in its motion that federal prosecutors conferred with Trump and Nauta, "who have no objections to this motion or the protective order."
