Prosecutors from Special Counsel Jack Smith’s office are seeking a protective order after Donald Trump posted an apparent threat on Truth Social on Friday. Citing the former president’s all-caps declaration, “IF YOU GO AFTER ME, I’M COMING AFTER YOU!” prosecutors said his posts could have a “harmful chilling effect” on witnesses in the case against him if he were to start publicly posting information obtained in discovery. The DOJ is therefore asking a judge for a protective order blocking the “improper dissemination or use of discovery materials.” Prosecutors noted in their filing that the order is especially important since “the defendant has previously issued public statements on social media regarding witnesses, judges, attorneys and others associated with legal matters pending against him.”
We have to be especially careful with people with significant resources. Any small mistakes caused by moving quickly can be leveraged for less consequences do to technicalities. In these cases, being reactionary is a detriment.
How is it a mistake in this case to remand the defendant?