The Special Counsel’s office responded to Donald Trump’s attorneys’ response to its motion for a protective order covering information prosecutors will turn over to Trump’s team, stopping Trump from using it to intimidate witnesses, potential jurors, and court officers.  “On Sunday, August 6, defense counsel appeared on five television programs and discussed this case in detail, publicly commenting on topics including the parties’ disagreement over the protective order, the defense’s planned legal arguments, the defendant’s actions and statements during the charged conspiracies, and expected testimony of a prospective witness. For instance, regarding the protective order, defense counsel stated:”… and then listed five times when John Lauro stated he advocated to disclose information the Special Counsel’s office would release to Team Trump.

The defendant’s proposed order would lead to the public dissemination of discovery material. Indeed, that is the defendant’s stated goal; the defendant seeks to use the discovery material to litigate this case in the media. But that is contrary to the purpose of criminal discovery, which is to afford defendants the ability to prepare for and mount a defense in court—not to wage a media campaign. The Court should instead enter the Government’s proposed order. …

This District’s rules prohibit defense counsel from doing precisely what he has stated he intends to do with discovery if permitted: publicize, outside of court, details of this case, including the testimony of anticipated witnesses. Local Criminal Rule 57.7(b) provides that it is the duty of attorneys in criminal cases not to publicly disseminate “information or opinion” regarding, among other things, “[t]he existence or contents of any . . . statement given by the accused” or “[t]he identity, testimony, or credibility of prospective witnesses.” This is because such statements risk tainting the jury pool with inadmissible evidence or otherwise harming the integrity of these proceedings.