Monday 7 August 2023

Trump could have ‘harmful chilling effect’ on witnesses: Prosecutors

Extract from The New Daily

 

6:20am, Aug 6

US prosecutors fear former president Donald Trump may intimidate witnesses after he made a threatening social media post stating: ‘IF YOU GO AFTER ME, I’M COMING AFTER YOU’.

The comment on Mr Trump’s Truth Social site was made a day after he pleaded not guilty on Friday (AEDT) to illegally trying to reverse his 2020 election loss to Democrat Joe Biden.

Prosecutors flagged the post in a late-night court filing, arguing it suggested he might intimidate witnesses by improperly disclosing confidential evidence received from the government.

“It could have a harmful chilling effect on witnesses or adversely affect the fair administration of justice in this case,” prosecutors wrote, noting that Mr Trump has a history of attacking judges, lawyers and witnesses in other cases against him.

In the filing in Washington federal court, the office of Special Counsel Jack Smith said Mr Trump’s post raised concerns that he might publicly reveal secret material, such as grand jury transcripts, obtained from prosecutors.

It sought a protective order prohibiting Mr Trump and his lawyers from sharing any discovery materials with unauthorised people.

Under the process known as discovery, prosecutors are required to provide defendants with the evidence against them so they can prepare their defence.

Protective orders are routine in cases involving confidential documents, but prosecutors said it was particularly important to restrict public dissemination given Mr Trump’s social media statements.

US District Judge Tanya Chutkan gave Mr Trump until 5pm on Monday (local time) to respond.

In a filing, Mr Trump’s lawyers asked for three more days to prepare their response — until Thursday, August 10 (local time).

At his arraignment last week, Mr Trump swore not to intimidate witnesses or communicate with them without legal counsel present.

Meanwhile in Georgia, security was tightened around the Fulton County courthouse in Atlanta for the possible announcement of what would be Mr Trump’s fourth criminal indictment this year.

Prosecutors there are investigating Mr Trump’s efforts to overturn the election results in that state.

Opinion polls show Mr Trump, who served as president from 2017 to 2021, is the leading presidential candidate for the Republican party for the 2024 race.

A Trump spokesperson issued a statement defending the former president’s social media post.

“The Truth post cited is the definition of political speech, and was in response to the Rino, China-loving, dishonest special interest groups and super PAC’s,” the statement said.

An anti-Trump protestor at the Berks County Services Centre where about a dozen people rallied as Donald Trump was arraigned. Photo: Getty

Mr Trump has already pleaded not guilty in two other criminal cases.

He faces federal charges in Miami for allegedly retaining classified documents after leaving office and obstructing justice.

He also faces state charges in Manhattan for allegedly falsifying business records to hide hush money payments to a porn star.

Mr Trump has portrayed all of the investigations as part of a political witch hunt intended to stymie his 2024 campaign.

Trump faces extra charges

On Saturday (AEDT), Mr Trump pleaded not guilty to three new charges in the case related to his handling of classified documents after he left the White House in 2021.

That brings the total charges in that investigation to 40.

Mr Trump waived his right to be present in Florida federal court for his arraignment on the three additional charges on August 10.

The new charges against Mr Trump in the documents case include an additional count for unlawful retention of national defence information and two more counts of obstruction of justice.

Mr Trump appeared in federal court in Miami on June 13 to plead not guilty to 37 charges that he unlawfully kept the national security documents — including details about the US nuclear program and military plans — and lied to officials who sought to recover them. He entered his latest pleas in a written filing.

His valet Walt Nauta is also facing new charges, and prosecutors added a third defendant and another Trump employee, Carlos De Oliveira, to the case in a superseding indictment last week.

The charges against Nauta and De Oliveira include concealing documents, conspiracy to obstruct justice and false statements.

The judge in the documents case has scheduled the trial to begin next May, though that could change.

Prosecutors accused Mr Trump of taking hundreds of documents containing the nation’s most closely held secrets and storing them haphazardly at his Mar-a-Lago estate in Palm Beach, Florida.

At his golf resort in Bedminster, New Jersey he also showed classified information to people who were not authorised to see it, according to the indictment.

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