Trump argues proposed limits on 2020 election case evidence violate free speech

Donald Trump’s lawyers urged a federal judge to reject a protective order sought by prosecutors ahead of the former U.S. president’s 2020 election trial, saying it would violate his free speech rights under the Constitution.

Prosecutors, in asking for the protective order, argued that Trump could otherwise improperly disclose confidential evidence before trial.

In a filing late on Monday, U.S. District Judge Tanya Chutkan ordered the two sides to meet on Tuesday and agree on two possible dates for a hearing to be held no later than Friday on the matter.

Trump’s attorneys, in a 29-page filing to U.S. District Court in Washington on Monday, did not directly address the assertion of potential witness intimidation.

They did acknowledge that some court documents should be shielded from the public, such as materials from the grand jury investigation that led to last week’s indictment accusing Trump of orchestrating a plot to overturn his 2020 election loss.

“However, the need to protect that information does not require a blanket gag order over all documents produced by the government,” Trump’s attorneys wrote in the court papers.

“In a trial about First Amendment rights, the government seeks to restrict First Amendment rights,” Trump’s attorneys said, referring to the right of free speech guaranteed by the U.S. Constitution.

In a reply brief, prosecutors said that since they had asked for the protective order, Trump’s attorneys had discussed the case on major U.S. television networks. Prosecutors said Trump had a “plan to litigate this case in the media.”

Trump on Thursday pleaded not guilty to federal charges that he conspired to try to overturn his 2020 election loss to Democratic President Joe Biden. It was the third criminal case brought against Trump so far this year.