Trump Lawyers Argue Limiting Public Release Of Evidence In 2020 Election Case Violates Ex-President's Free Speech Rights

What Happened: Lawyers for former U.S. President Donald Trump urged a federal judge on Monday to reject a protective order sought by prosecutors in the upcoming 2020 election trial.

The defense team argued that the order would violate Trump’s free speech rights under the Constitution. Prosecutors are concerned that without the protective order, Trump could improperly disclose confidential evidence before the trial, Reuters reports.

The former president pleaded not guilty to federal charges related to his alleged conspiracy to overturn his 2020 election loss to President Joe Biden.

Trump’s lawyers acknowledged that some court documents should be shielded but opposed a blanket gag order.

They emphasized that the government’s request to restrict First Amendment rights was contradictory in a trial about those very rights. Prosecutors responded by accusing Trump’s attorneys of planning to litigate the case in the media.

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Why It Matters: The legal battle over the protective order adds another layer to Trump’s growing legal challenges. Trump’s attorney has defended his actions as an exercise of free speech, describing them as “aspirational” rather than criminal.

However, former Attorney General Bill Barr has challenged this defense, stating that the case goes beyond First Amendment issues and includes elements of conspiracy.

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