CNN
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Special counsel Jack Smith’s team is asking the judge in the classified documents case against Donald Trump to bar the former president and his defense attorney from publicly disclosing some of the material shared in the criminal case as part of the discovery process.
In a new filing Friday, Smith’s team said among the unclassified material prosecutors will turn over to the defense is “information relating to ongoing investigations, the disclosure of which could compromise those investigations and identify unindicted individuals.”
The filing, which includes a proposed protective order, is an expected procedural step after Trump pleaded not guilty and the proceedings move forward. Attorneys for Trump and his co-defendant, Walt Nauta, did not oppose the requested protective order, according to the filing.
U.S. District Judge Eileen Cannon, the Trump-appointed judge appointed to preside over the case, referred the matter to U.S. Magistrate Bruce Rinehart, citing local court rules. Reinhart approved the search warrant the FBI executed at Mar-a-Lago last year.
Smith’s team said in the filing that “the government is prepared to provide unclassified discovery to the defense.”
“Discovery materials include sensitive and confidential information,” including personal and financial data, information that reveals “sensitive” investigative techniques and information about potential witnesses, according to the filing. Some of this information may be in grand jury transcripts or records of witness interviews.
“The materials also include information relating to ongoing investigations, the disclosure of which could compromise those investigations and identify unindicted individuals,” the filing said.
The special counsel’s proposed protective order would prohibit the defendants and their attorneys from disclosing the discovery materials “directly or indirectly to any person or entity other than persons employed to assist the defense, persons who have been questioned as potential witnesses, attorneys for potential witnesses, and other persons to whom the Court may permit disclosure.’
The order would also require those on defense teams who have access to the discovery materials to sign an agreement acknowledging restrictions on sharing it, and would require defendants to view the materials only under the supervision of their attorney. In addition, Defendants will not be permitted to retain copies of the materials.
“Discovery materials, together with any information derived from them, will not be disclosed to the public or the media, or distributed on news or social media platforms, without the prior notice and consent of the United States or the approval of the Court,” it said. the proposed order.
On another front, the Justice Department reiterated to Chief Justice Jim Jordan on Friday that it would not give him information that could compromise Smith’s investigations into Trump, according to a series of letters DOJ officials sent to the Ohio Republican.
Jordan continued to press justice officials for details about the Trump investigations and is weighing whether to subpoena Smith, CNN reported. The Justice Department’s response marks the latest in a standoff between the department and Trump’s fiercest allies on Capitol Hill, who have vowed to use their power to protect the former president.
To underscore why the department is limited in its ability to share information about ongoing investigations — including documents related to the Mar-a-Lago search — the DOJ resubmitted to Jordan documents that outline the general scope of Smith’s investigations as well as the special attorney Robert Hurr’s investigation into President Joe Biden’s handling of classified documents.
“Your letter requests nonpublic information regarding an ongoing criminal investigation and prosecution by a special counsel. The Department’s longstanding protections for the privacy of such information reflect our obligation to preserve the integrity of our work,” Justice officials wrote in a response to Jordan.
This story has been updated with additional developments.