BLOCKED: Alvin Bragg just asked the judge to do this to Trump and it’s about damn time!
Proactive Manhattan D.A. Alvin Bragg has asked a judge for an order to prevent evidence given to Trump’s legal team from appearing on phones around the world.
Bragg and his prosecutors know they are prosecuting an unusual defendant in the criminal charges rooted in Stormy Daniel’s claims about hush money.
As such, prosecutors must give the defendant all evidence they intend to use in prosecuting a defendant.
The Manhattan prosecutors asked the judge to order the evidence obtained during discovery to remain within Trump’s legal team and specifically to not be disseminated through Truth Social.
Trump’s attorneys wouldn’t agree to a jointly submitted protective order which is somewhat unusual.
It is possible that the attorneys don’t trust their own client to adhere to such an agreement and refuse to bear responsibility if Trump violates the attorneys’ agreement.
An independent judicial order is stronger and provides more options if violated.
This is not a normal motion nor a normal defendant. The risks are also highly abnormal.
From the motion itself:
“Defendant Donald J. Trump has a longstanding and perhaps singular history of attacking witnesses, investigators, prosecutors, trial jurors, grand jurors, judges, and others involved in legal proceedings against him, putting those individuals and their families at considerable safety risk,”
“Perhaps singular. . . . ” Obviously, the prosecutors are relying on the judge to take judicial notice of the last six years.
The concern about safety is readily appreciated.
Astonishingly, as president, Trump not only violated the iron-clad rule that presidents stay out of ongoing investigations and prosecutions, Trump directly attacked the forewoman in the Roger Stone case as “tainted.”
It would be near malpractice for the Manhattan prosecutors to not move to protect their witnesses to the maximum extent possible.
Imagine the unbounded intimidation Trump might attempt if he feels particularly exposed.
Prosecutors did not have to rely on generalities in requesting the order, pointing at specific alleged behavior Trump attempted in other investigations. Again from the motion:
“This pattern, particularly given that Defendant is currently under federal investigation for his handling of classified materials, gives rise to significant concern that Defendant will similarly misuse grand jury and other sensitive materials here.”
Prudent.
The judge will likely grant the order, at least in part, because a prosecutor’s evidence rarely finds its way into the public domain anyway.
The judge may also rely on established precedent protecting jurors and witnesses in potentially explosive cases.
Mob prosecutions provide the most compelling examples.
Additionally, there is almost no downside to the order given that prosecutors emphasized that they limited their request to actual evidence and will not infringe upon First Amendment rights:
“At the outset, it is important to note that the People are not at this time seeking a gag order in this case. Defendant has a constitutional right to speak publicly about this case, and the People do not seek to infringe upon that right.”
Prosecutors know Trump will scream at them. That is his right.
But he doesn’t have the right to use discovery to endanger others.
Now it is up to the judge to find the most-limited means to protect witnesses and evidence while also not infringing upon constitutional rights.
Report based on reporting by ABC News and CNN.
jmiciak@yahoo.com, @JasonMiciak, Check out more on Substack: ‘The Forgotten Case; Trump’s Civil Rape Trial May Hit Harder than We Think
