Former President Donald Trump has been barred by a federal judge from disclosing or keeping evidence that is set to be turned over to him by the government in the classified documents case on social media. The order, issued on Monday, prohibits Trump and his co-defendant, Walt Nauta, from sharing evidence that federal investigators are set to begin turning over to their lawyers as part of the discovery process in the case. The order was issued by Magistrate Judge Bruce Reinhart and warns that Trump and Nauta could face criminal contempt charges if they violate it.
The ruling also puts limits on Trump’s access to the material. He will only have access to discovery materials under the direct supervision of defense counsel or a member of defense counsel’s staff. He will not be allowed to retain copies of the discovery material. The ruling largely tracks with a request for a protective order the government filed in the case on Friday. The government said in that filing that Trump and Nauta’s lawyers had “no objections to this motion or the protective order.”
The information prosecutors sought to guard includes “sensitive and confidential information,” including “information that reveals sensitive but unclassified investigative techniques; non-public information relating to potential witnesses and other third parties (including grand jury transcripts and exhibits and recordings of witness interviews); financial information of third parties; third-party location information; and personal information contained on electronic devices and accounts.” The materials also include information pertaining to ongoing investigations, the disclosure of which could compromise those investigations and identify uncharged individuals.
Trump, who is 77, was indicted earlier this month on 37 federal felony counts, including willful retention of national defense information, making false statements and representations, and conspiracy to obstruct justice. He pleaded not guilty at his arraignment last week. Nauta is expected to enter a not guilty plea next week.
Trump was slapped with a similar order in the New York criminal case where he’s charged with dozens of counts of falsifying business records. Trump’s attorneys had objected to portions of the order in that case. Prosecutors from the Manhattan district attorney’s office said those restrictions were necessary because the “risk” that Trump would use the evidence “inappropriately” was “substantial.” Trump has pleaded not guilty in that case.
The protective order issued by the federal judge is intended to prevent the disclosure of sensitive information that could compromise ongoing investigations and identify uncharged individuals. The order also puts limits on Trump’s access to the material, which he will only be allowed to access under the direct supervision of defense counsel or a member of defense counsel’s staff. The ruling largely tracks with a request for a protective order the government filed in the case on Friday, to which Trump and Nauta’s lawyers had no objections. Trump was indicted earlier this month on 37 federal felony counts, including willful retention of national defense information, making false statements and representations, and conspiracy to obstruct justice.
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