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Tags: trump | smith | court | discovery

Trump Lawyers, Feds Meet on Trial Discovery Rules

By    |   Friday, 11 August 2023 09:27 AM EDT

Attorneys for Donald Trump will meet with federal prosecutors Friday in an effort to determine what restrictions could be placed on discovery rules before the former president goes on trial on charges related to the 2020 elections.

NBC News reported that Judge Tanya Chutkan will consider restrictions, including on what information Trump can share about the case.

In a four-count indictment, special counsel Jack Smith and his team accused Trump of orchestrating a scheme to block the peaceful transfer of power. Trump allegedly was told by multiple people in trusted positions that his claims were false, prosecutors insist, but stuck to his position to sow public mistrust about the election, according to The Associated Press.  

Trump on Tuesday kept up his attacks on Smith and vowed to continue talking about his criminal cases even as prosecutors sought the protective order to limit the evidence Trump and his team could share.

Trump has pleaded not guilty to the criminal indictment.

Friday's hearing will center on the protective order sought by prosecutors to set rules about the information Trump or his attorneys could share publicly before the government turns over discovery materials.

NBC News noted that Smith's office has said that sharing grand jury transcripts "could have a harmful chilling effect on witnesses or adversely affect the fair administration of justice in this case."

Trump's attorneys have said the government is looking "to restrict First Amendment rights."

Smith's team has proposed that Trump's trial start just after the new year.

Meanwhile, in the documents case against the former president, Trump's lawyers are preparing to face off with Smith's team over what government secrets can be made public, according to CBS News.

Trump's lawyers have indicated they will fight to disclose "as much classified evidence as possible," CBS News reported. Trump's attorneys said in a July filing that the former president believes "there should simply be no 'secret' evidence, nor any facts concealed from public view."

Exactly how much and what secret evidence can be used during the trial is regulated by the Classified Information Procedures Act (CIPA).

The statute, enacted by Congress in 1980, governs the litigation process between the government and defendant to determine how and if classified data can be used in criminal trials without being "unnecessarily" disclosed, CBS News said.

CIPA lays out a number of moves to help the government and defense narrow the classified information that will be used in court. 

"CIPA doesn't actually change the substantive law," David Aaron, a former federal prosecutor, told CBS News. "It creates a procedural framework for judges to apply the substantive law basically on a different schedule, gives the government the opportunity to appeal, and makes some processes mandatory."

Jeffrey Rodack

Jeffrey Rodack, who has nearly a half century in news as a senior editor and city editor for national and local publications, has covered politics for Newsmax for nearly seven years.

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Attorneys for Donald Trump will meet with federal prosecutors Friday in an effort to determine restrictions that could be placed on discovery rules before the former president goes on trial on charges stemming from the 2020 elections.
trump, smith, court, discovery
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2023-27-11
Friday, 11 August 2023 09:27 AM
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