Courts & Litigation Criminal Justice & the Rule of Law

Justice Department Submits Protective Order in Mar-a-Lago Case

Tyler McBrien
Friday, June 16, 2023, 12:45 PM
Special Counsel Jack Smith submitted a motion for a protective order to limit the disclosure of sensitive and confidential discovery information as the case progresses.

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On June 16, Special Counsel Jack Smith submitted a motion for a protective order limiting disclosure of discovery information, as well as the proposed protective order, in the case of United States of America v. Donald J. Trump and Waltine Nauta.  

Noting that the government is “ready to provide unclassified discovery to the defense,” Smith details the sensitive and confidential nature of the discovery materials, which include personal identifiable information, information that reveals sensitive but unclassified investigative techniques, non-public information relating to potential witnesses, and financial information of third parties, among others. According to the motion, the materials “include information pertaining to ongoing investigations… which could compromise those investigations and identify uncharged individuals.”

The government also mentions in the motion that it has conferred with counsel for defendants Trump and Nauta, who had no objections.

Read the government’s motion for protective order limiting disclosure of discovery information here or below:

Read the government’s proposed protective order here or below:

Tyler McBrien is the managing editor of Lawfare. He previously worked as an editor with the Council on Foreign Relations and a Princeton in Africa Fellow with Equal Education in South Africa, and holds an MA in international relations from the University of Chicago.

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