- Prosecutors in Donald Trump's Mar-a-Lago case asked the judge to keep evidence secret.
- They said disclosing discovery material could compromise "ongoing investigations" or identify "uncharged individuals."
The prosecutors who brought an indictment against former President Donald Trump want to keep evidence in the case a secret because it might reveal information about additional "ongoing investigations," they said in a court filing Friday.
In the filing, the team of prosecutors asked US District Judge Aileen Cannon, who's overseeing the case, to issue a protective order that would keep discovery material secret. During the discovery process, prosecutors share evidence with lawyers on the other side, letting them prepare a defense in the case.
Asking for a protective order — which keeps the material confidential — is a routine part of criminal cases. It can help maintain the privacy of third parties, such as FBI agents, potential witnesses, and grand jurors.
The request for the protective order in the Justice Department's case against Trump and his personal assistant Waltine Nauta revealed that the discovery material was sensitive for other reasons, as Lawfare's Anna Bower pointed out.
"The materials also include information pertaining to ongoing investigations, the disclosure of which could compromise those investigations and identify uncharged individuals," Friday's motion says.
Trump and Nauta were arraigned Tuesday on a 38-count indictment brought by Special Counsel Jack Smith. The Justice Department prosecutors allege Trump withheld sensitive classified records from the government after leaving the office of the presidency and, with Nauta, attempted to obstruct their return.
Lawyers for Trump and Nauta "have no objections" to the proposed protective order, according to prosecutors.
Smith is separately overseeing an investigation into efforts to send fake electors to Congress on January 6, 2021, to declare Trump the winner of the 2020 election even though now-President Joe Biden actually won.
Cannon must juggle the trial schedule with an array of other civil and criminal trials Trump is dealing with, as well as his candidacy in the 2024 election.
On Thursday, a federal judge in Manhattan set a January 15, 2024 trial date for another civil lawsuit brought by the writer E. Jean Carroll, who alleged Trump sexually abused her and lied about it in the 1990s. Carroll won a trial over some of the same claims earlier this year.
Trump also has a criminal trial in Manhattan state court, over allegedly falsifying business records in the Stormy Daniels scandal, scheduled for March.
In October, he's set for a civil trial from the New York Attorney General's office regarding the Trump Organization's finances. He has yet another civil case set to begin on January 29, from a class-action group that alleges he illegally promoted a pyramid scheme.
Friday's motion for a protective order doesn't cover classified information. Trump and Nauta are each still building their legal teams, and not all of their current attorneys have the security clearance to see classified information. This week, Cannon ordered the Justice Department to expedite the clearance process so that the lawsuit can move forward.