Donald Trump's lawyer complained to a judge about needing to babysit his client during a hearing in Washington, D.C., on Friday.
The hearing was about the particulars of a protective order that was requested by special counsel Jack Smith barring the former president from oversharing evidence in an ongoing criminal probe by the Department of Justice (DOJ) into his alleged efforts to overturn the result of the 2020 presidential election. John Lauro—a recent hire on Trump's legal team—however appeared to be unhappy with the DOJ's proposal that would legally require the former president not to produce sensitive materials tied to the case.
The proposed order comes as the prosecution and defense are set to begin the process of discovery ahead of a January criminal trial.
While the DOJ says Trump has a demonstrated history of holding confidential material—not to mention efforts to intimidate potential witnesses and sway public opinion about his legal affairs—Lauro said such an effort would be tantamount to restricting his free speech during his ongoing 2024 presidential campaign, citing figures like former Vice President Mike Pence, a key opponent and a potential witness in the case, as a prime example.
However, Judge Tanya Chutkan who is overseeing the case ordered Trump's legal team to review any and all notes the former president might take on the documents unearthed during the discovery process to prevent possible leaks.
"He's a criminal defendant," Chutkan said. "He's going to have restrictions like every other criminal defendant."
In response, Lauro said that while Trump is legally allowed to review materials related to the case, the defense team was stretched thin, and likely unable to comply with a mandate to monitor the former president out of concern it would "bog them down."
"In 40 years of practice I've never been in a white-collar case where counsel has to sit next to a client and literally babysit to make sure they don't violate a protective order," Lauro said.
However according to reporters in the room, Chutkan noted that Trump had already agreed to a material review requirement in the protective order that was enacted in a case surrounding Trump's alleged removal of classified material from the White House after his presidency.
While Chutkan did not grant the DOJ's request for a blanket protective order, she said the former president would be allowed to review sensitive materials alone without a lawyer present.
However, a member of Trump's defense team will be required to review any notes he takes, and Trump cannot "carry the materials around with him."
The judge later committed to using "whatever measures are necessary to safeguard the integrity of these proceedings."
Earlier this month, the DOJ indicted Trump for his alleged involvement in January 6, 2021, when a mob of his supporters, allegedly motivated by his unfounded claims of voter fraud, rioted at the United States Capitol in a failed effort to force Congress to block President Joe Biden's Electoral College victory. The DOJ charged Trump with conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights.
Trump has maintained his innocence in the case and pleaded not guilty to all charges, adding that he did nothing wrong on January 6, pointing to his tweet at the time that told the rioters to go home. He also maintains that the election was stolen, despite a lack of evidence, and has accused prosecutors of targeting him for political purposes as he runs again for president in 2024.
Newsweek has reached out to Trump's team via email for comment.
