Trump election case to have Information Security Officer appointed.
The Justice Department (DOJ) is appointing a classified information security officer (CISO) in the case special counsel Jack Smith has brought against former President Donald Trump over his efforts to challenge the 2020 election results.
The motion was filed on Aug. 22, along with a motion to enter the agreed upon protective order. The officer was identified only in sealed orders.
U.S. District Judge Tanya Chutkan had earlier approved a limited protective order that did not restrict President Trump’s access to any records he already had access to, and could access sensitive information that was part of the case but could not publicly share the sensitive information without court authorization. She allowed the DOJ to mark several types of materials as sensitive.
Order Details
The order covers any document or information that has been classified by any executive branch agency, including that with President Trump already has or is aware of.
“Any classified information provided by the Government to the Defense is to be used solely by the Defense to prepare a defense in this case,” it reads. “The Defense may not disclose or cause to be disclosed in connection with this case any information known or reasonably believed to be classified information except as otherwise provided in this Order.”
The appointed CISO will be responsible for providing security arrangements to protect the classified information, and counsel President Trump’s team on “appropriate storage, handling, transmittal, and use of classified information.”
The CISO will also be responsible for establishing an approved secure area and procedures so that President Trump’s legal team can review discovery materials, which can contain classified information. However, they cannot disclose the information or the existence of this information.
“The Defense shall discuss classified information only within the Secure Area or in another area authorized by the CISO and shall not discuss or attempt to discuss classified information over any telephone instrument or communication system, including through electronic mail or the Internet,” the order reads. The disclosure of this information would require the DOJ’s approval.
Gag Order Request
The original request had been much broader.
A day after President Trump pleaded not guilty to four criminal charges, he made a post on Truth Social: “If you go after me, I’m coming after you!”
His campaign followed with videos featuring the prosecutors in his cases, alleging “election interference.”
That initial Truth Social post was highlighted in Mr. Smith’s request for a protective order, asking Judge Chutkan to restrict what President Trump can say about the case.
“Such a restriction is particularly important in this case because the defendant has previously issued public statements on social media regarding witnesses, judges, attorneys, and others associated with legal matters pending against him,” Mr. Smith wrote in a filing (pdf).
He argued that potential witnesses may be intimidated by the prospect of being featured in President Trump’s social media, achieving a “harmful chilling effect,” or otherwise influencing jurors.
President Trump’s lawyers vowed to fight the request, given its high profile nature.
“The press and the American people in a campaign season have a right to know what the evidence is in this case provided that this evidence is not protected otherwise,” attorney John Lauro told CNN. “So, we’re going to oppose it.”
Second Protective Order
In a separate case Mr. Smith is prosecuting, President Trump is facing a trial in Florida over allegedly mishandling classified documents.
Given that the case centers around classified documents, the DOJ and President Trump’s legal team have been arguing.
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