Donald Trump arrested: Jack Smith asks for classified protective order to ‘avoid further delay’

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The special counsel investigating former President Donald Trump’s classified documents case is seeking a protective order ahead of a key hearing this week, saying it’s necessary to “avoid further delay” of the former president’s defense.

In their filing Monday, attorneys for Justice Department special counsel Jack Smith included a proposed protection order for classified information ahead of a Classified Information Procedures Act hearing Tuesday to decide how to protect sensitive materials involved in legal proceedings.

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Prosecutor Jack Smith awaits the start of the court session of Kadri Veseli’s first appearance at the Kosovo Specialist Chambers court in The Hague on Nov. 10, 2020. Smith has been appointed special counsel in connection with the investigation of Donald Trump.

(PETER DEJONG/ANP/AFP via Getty Images)

Government lawyers also said they had not heard from Trump’s lawyer since a July 14 request to call the defendants “to see if it is possible to address the Defendants’ concerns,” according to court records.

“Defense counsel has informed the Government that they will not be available that day but will find time for a call next week,” the government’s lawyers wrote, adding that they are “filing this motion today to avoid further delay.”

In the proposed request, the government’s filing language indicated that the DOJ wanted certain materials provided to Trump’s lawyers not limited to the former president, a request that could prompt Trump to challenge and thereby cause further delay.

“The defense may not disclose classified information to the Defendants unless the same information has been previously disclosed to the Defendants’ defense or provided by the government with markings indicating that it may be disclosed to the Defendants,” wrote the government lawyers on Page 6 of the proposal.

Tuesday’s CIPA hearing is important to push Trump’s case further because his lawyers must obtain the necessary security clearance to access documents needed in the case.

Trump pleaded not guilty last month to 37 federal charges related to the classified documents case, including 31 counts of knowingly retaining classified documents under the Espionage Act.

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Meanwhile, Trump’s team has sought to ask US District Judge Aileen Cannon to postpone any trial until after the 2024 election, a move the government flatly rejects.

Cannon initially sought to begin the trial in early August, although the DOJ has indicated its preference for the trial to begin in December.

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