Trump lawyers, special counsel square off in court on limits for pretrial evidence in Jan. 6 indictment

The E. Barrett Prettyman Courthouse stands behind barricades and police tape in Washington, DC, prior to Trump

The E. Barrett Prettyman Courthouse stands behind barricades and police tape in Washington, DC, prior to Trump’s arraignment for his role in the January 6, 2021 Capitol insurrection and other efforts to overturn the results of the 2020 presidential election (Allison Bailey/NurPhoto via AP). Inset left: Former President of the United States Donald J. Trump plays golf during the LIV Golf Bedminster 2023 Pro-Am at Trump National Golf Club Bedminster in Bedminster, New Jersey on August 10, 2023 (Photo by Kyle Mazza/NurPhoto via AP). Inset right: Special counsel Jack Smith speaks to the media about an indictment of former President Donald Trump, Aug. 1, 2023, at an office of the Department of Justice in Washington D.C. (AP Photo/J. Scott Applewhite).

In Washington, D.C., U.S. District Judge Tanya Chutkan, the jurist overseeing Donald Trump‘s Jan. 6 election subversion case, entered a completely classified and redacted one-page order onto the docket, prompting watchers of the recently-revived indictment of the former president and 34-count convicted felon to wonder just what the secrecy is all about.

While impossible to know for certain at this juncture, it seems all too likely that the order’s contents include key pretrial evidence ordered to be kept under wraps in light of guidelines Chutkan set down in August 2023, as Law&Crime previously reported. Significantly, prosecutors have long said that there is only a small amount of classified information underlying the Jan. 6 criminal case against Trump. When special counsel Jack Smith‘s legal team raised concerns last year that Trump’s public commentary on the case may intimidate witnesses or that he would disseminate grand jury materials to do the same, Chutkan set down a nuanced protective order governing discovery and grand jury materials following an Aug. 11, 2023 hearing.

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