Trump lawyer says Jack Smith showing ‘discomfort’ with protective order request 

Alina Habba, an attorney for former President Trump, said special counsel Jack Smith is demonstrating his personal “discomfort” with his request for a protective order in the case against Trump for his alleged attempts to overturn the 2020 election.

Smith appealed to the federal judge overseeing Trump’s election fraud case last week to issue a protective order on evidence divulged during discovery, citing social media threats from the former president.

“IF YOU GO AFTER ME, I’M COMING AFTER YOU!” Trump wrote in a Truth Social post Friday.

In an appearance on “Fox & Friends,” Habba said that while Trump has agreed to protective orders in the past and has not violated them, the government’s most recent request was “different” because it covers witness testimony and exhibits.

“We don’t necessarily always object, but this one’s different because this is Jack Smith trying to be a bit of a victim here,” she said.

“So I just want to be clear that that doesn’t seem to be an issue for my client,” Habba, who is not representing Trump in this case, said later. “What seems to be an issue is that Jack Smith isn’t liking the discomfort of the attention from what he brought.” 

Smith wrote in the filing requesting the protective order that Trump could undermine a fair trial by publicly sharing information obtained during the pretrial process.

“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,” the filing said.

Trump claimed Monday that such an order would infringe on his free speech. Trump’s lawyers have until 5 p.m. Monday to respond to any objections to the government’s request.