The special counsel isn’t looking for a gag order. At least not in this motion, writes Jordan_S_Rubin.
Smith’s team cited Trump’s words after arguing the DOJ’s proposed order “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.”
So, again, the special counsel isn’t looking for a gag order. At least not in this motion. Even if Chutkan grants the protective order, and she probably will in some fashion, that alone wouldn’t preclude Trump from publishing similar broad threats going forward. Prosecutors were going to make this protective order motion anyway; they just added Trump's post for additional support of their claim that such an order is needed for this particular defendant.
The government is pushing for the order so prosecutors can turn over discovery to Trump ahead of trial. One of the ways the defense will likely try to delay the case is by arguing for needing more time to review the evidence. The sooner the defense gets that evidence, the less excuse it has for delay.
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