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Trump contends proposed evidence limits in 2020 election case, cites breach of free speech rights

Trump contends proposed evidence limits in 2020 election case, cites breach of free speech rights

Donald Trump

Former US President Donald Trump's legal team is opposing a protective order requested by prosecutors for his 2020 election trial, contending that it would violate his constitutional right to free speech. This comes as prosecutors sought an order to prevent Trump from disclosing confidential evidence before the trial.

Last Tuesday, prosecutors charged Trump with conspiring to defraud the United Statesclaiming that the former president aimed to obstruct Congress from certifying US President Joe Biden's win in the 2020 election.

US District Judge Tanya Chutkan, on August 8, instructed both sides to meet and agree on possible dates for a hearing on this matter.

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In their court filing, Trump's attorneys stressed the necessity of shielding certain court documents from the public, especially materials related to the grand jury investigation leading to Trump's recent indictment. However, they argued against a blanket gag order on all government-produced documents, citing concerns about the First Amendment rights of free speech.

"However, the need to protect that information does not require a blanket gag order over all documents produced by the government," Trump's attorneys said adding, "In a trial about First Amendment rights, the government seeks to restrict First Amendment rights."

Prosecutors claim

Prosecutors responded to the defence's opposition by pointing out that Trump's lawyers have discussed the case on major US television networks since the request for a protective order.

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They expressed concerns that Trump's actions, including the posts on his Truth Social site, such as "IF YOU GO AFTER ME, I'M COMING AFTER YOU!", could potentially intimidate witnesses.

Trump pleads not guilty

Trump has pleaded not guilty to the federal charges which allege that he conspired to overturn his 2020 election loss to President Joe Biden.

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This marks the third criminal case brought against Trump this year.

Following the prosecutors' court filing, Trump's social media activity has escalated. He has expressed his intention to have Judge Chutkan recused from the case, based on her previous rulings against him in other matters and her outspoken opposition to the Capitol attack by his supporters.

Trump's lawyer, John Lauro, also plans to seek the transfer of the 2020 election case from Washington, DCto West Virginia.

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While this move is not uncommon in criminal cases to ensure an impartial jury, other defendants charged in connection with the Capitol siege have failed in similar attempts to relocate their trials.

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