Editor’s Note: This story has been updated to reflect that the strict order preventing the former president from mentioning details and evidence from the case against him in public is a protective order.
Justice Department special counsel Jack Smith appealed to the federal judge overseeing former President Trump’s election fraud case Friday evening to issue a protective order for evidence, citing social media threats.
“IF YOU GO AFTER ME, I’M COMING AFTER YOU!” the former president posted earlier on Truth Social — a move that has already drawn criticism from a former spokesperson for Trump, who called it “chilling” and “witness intimidation.”
Smith argued that Trump’s case needs a strict order preventing Trump from mentioning details from discovery documents and evidence in public.
“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,” Smith wrote in the filing.
“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,” he added.
Prosecutors claimed the attempts to reach an agreement on a protective order with Trump’s legal team have been fruitless, and have prevented the prosecution from supplying documents to the defense as quickly as they would like.
“The government seeks to provide the defendant with discovery as soon as possible, including certain discovery to which the defendant is not entitled at this stage of the proceedings,” Smith wrote.
The prosecution proposed two different protective order drafts to Trump’s legal team, both of which they did not agree to, Smith claimed. Trump’s legal team also proposed their version, which the special counsel called inadequate.
The Trump campaign has denied that the Truth Social post was a threat to witnesses in his criminal trials.
“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,” a campaign spokesperson said.
In a media appearance Thursday, Trump attorney John Lauro criticized Smith’s team for pushing the case forward too quickly.
“This is a fast-moving railroad without any concern for justice,” he said.
Trump was indicted on four federal charges Tuesday, alleging that he attempted to orchestrate a fake electoral college vote scheme to overturn the results of the 2020 election. He pleaded not guilty at his arraignment Thursday.
Smith also indicted Trump in a separate federal case over his alleged mishandling of classified documents in June.
— Updated 12:01 p.m.