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Trump says limits on 2020 election case evidence violate First Amendment

August 8, 2023
in News
Trump says limits on 2020 election case evidence violate First Amendment
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In a new court filing, former President Donald Trump’s legal team argues the Justice Department’s proposed limits on releasing evidence in the 2020 election interference case against Trump violate his right to free speech. File Photo by John Angelillo/UPI

In a new court filing, former President Donald Trump’s legal team argues the Justice Department’s proposed limits on releasing evidence in the 2020 election interference case against Trump violate his right to free speech. File Photo by John Angelillo/UPI | License Photo

Aug. 7 (UPI) — Former President Donald Trump’s legal team hit back Monday with a new court filing, arguing the Justice Department’s proposed limits on releasing evidence in the 2020 election interference case violate Trump’s right to free speech as he runs for the Republican nomination.

According to Monday’s court filing, Trump’s team says the protective order is too broad. It argues the former president should only be restricted when it comes to sharing “sensitive” evidence with the public and that “volunteer attorneys” should have full access of discovery in the case.

“In a trial about First Amendment rights, the government seeks to restrict First Amendment rights,” Trump’s attorney wrote in the filing.

“Worse, it does so against its administration’s primary political opponent, during an election season in which the administration, prominent party members, and media allies have campaigned on the indictment and proliferated its false allegations,” the filing reads.

According to court records, Trump’s team wants to narrow what is considered “sensitive” discovery materials in the case, while also expanding evidence access to volunteers.

The prosecutors’ protective order, which determines how evidence will be handled in the case, was initially requested by Justice Department special counsel Jack Smith and is more restrictive, citing Trump “previously issued public statements on social media regarding witnesses, judges, attorneys and others associated with legal matters pending against him.”

The Justice Department’s request, which was filed one day after Trump pleaded not guilty to charges he conspired to overturn his 2020 election loss to Joe Biden, included a screenshot of a message Trump posted on Truth Social.

“IF YOU GO AFTER ME, I’M COMING AFTER YOU!” Trump wrote.

Trump’s campaign claims the message was not directed at anyone in particular and is the “definition of political speech” protected by the First Amendment.

While Trump’s lawyers acknowledge a need to keep certain classes of evidence private, they argue it should not amount to a “blanket gag.”

“The need to protect that information does not require a blanket gag order over all documents produced by the government,” the Trump filing said.

“Rather the court can, and should, limit its protective order to genuinely sensitive materials — a less restrictive alternative that would satisfy any government interest in confidentiality while preserving the First Amendment rights of President Trump and the public.”

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Copyright for syndicated content belongs to the linked Source : United Press International – https://www.upi.com/Top_News/US/2023/08/07/Donald-Trump-lawyers-court-filing-election-case-evidence/5151691455064/

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