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Protective Order for Trump Case Discovery

The government has filed a motion for a protective order to govern discovery in a criminal case against Donald Trump and Waltine Nauta. A grand jury indicted Trump on 31 counts of unlawfully retaining national defense information and both defendants on additional obstruction and false statement charges. The government seeks to provide unclassified discovery but requests protections for sensitive information, including personal details, investigative techniques, witness information, and details from ongoing investigations. The accompanying proposed protective order would allow the defense access to materials while preventing unauthorized disclosures of sensitive information. The defense counsel for both defendants do not object to the motion or proposed order.

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Daniel Uhlfelder
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4K views4 pages

Protective Order for Trump Case Discovery

The government has filed a motion for a protective order to govern discovery in a criminal case against Donald Trump and Waltine Nauta. A grand jury indicted Trump on 31 counts of unlawfully retaining national defense information and both defendants on additional obstruction and false statement charges. The government seeks to provide unclassified discovery but requests protections for sensitive information, including personal details, investigative techniques, witness information, and details from ongoing investigations. The accompanying proposed protective order would allow the defense access to materials while preventing unauthorized disclosures of sensitive information. The defense counsel for both defendants do not object to the motion or proposed order.

Uploaded by

Daniel Uhlfelder
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Case 9:23-cr-80101-AMC Document 23 Entered on FLSD Docket 06/16/2023 Page 1 of 4

UNITED STATES DISTRICT COURT


SOUTHERN DISTRICT OF FLORIDA

CASE NO. 23-80101-CR-CANNON-REINHART

UNITED STATES OF AMERICA

v.

DONALD J. TRUMP and


WALTINE NAUTA,

Defendants.
________________________________/

GOVERNMENT’S RULE 16 MOTION FOR PROTECTIVE


ORDER LIMITING DISCLOSURE OF DISCOVERY INFORMATION

The government respectfully moves pursuant to Fed. R. Crim. P. 16(d)(1) for entry of a

proposed Protective Order to govern discovery in this case. The government has conferred with

counsel for Defendant Donald J. Trump and Defendant Waltine Nauta, who have no objections

to this motion or the protective order.1

On June 8, 2023, a grand jury in this district returned a 38-count indictment charging

Defendant Trump and Defendant Nauta. Defendant Trump is charged with unlawfully retaining

national defense information in violation of 18 U.S.C. § 793(e) (Counts 1-31). Defendants

Trump and Nauta are charged jointly with conspiring to obstruct justice in violation of 18 U.S.C.

§1512(k) (Count 32), obstructing justice in violation of 18 U.S.C. §§ 1512(b)(2)(A), and (c)(1)

(Counts 33 and 34), concealing a document in a federal investigation in violation of 18 U.S.C. §

1519 (Count 35), and a false statements concealment scheme in violation of 18 U.S.C.

§1001(a)(1) (Count 36). Defendants Trump and Nauta are each charged with making false

statements in violation of 18 U.S.C. §1001(a)(2) (Counts 37 and 38, respectively).


1
Counsel for Defendant Nauta, Stanley Woodward, has not yet been admitted pro hac vice and
entered an appearance, but the government conferred with him on the protective order and is
providing him with a copy of this motion and proposed order.

1
Case 9:23-cr-80101-AMC Document 23 Entered on FLSD Docket 06/16/2023 Page 2 of 4

The government is ready to provide unclassified discovery to the defense. The discovery

materials include sensitive and confidential information, including the following: personal

identifiable information covered by Rule 49.1 of the Federal Rules of Criminal Procedure;

information that reveals sensitive but unclassified investigative techniques; non-public

information relating to potential witnesses and other third parties (including grand jury

transcripts and exhibits and recordings of witness interviews); financial information of third

parties; third-party location information; and personal information contained on electronic

devices and accounts. The materials also include information pertaining to ongoing

investigations, the disclosure of which could compromise those investigations and identify

uncharged individuals.

As a result, the government proposes protections against the dissemination of discovery

materials and the sensitive information that they contain. Accompanying this motion is a

proposed Protective Order that will protect against unauthorized disclosure of sensitive

information, while allowing the defense to use the materials in preparation of their defense.

For the foregoing reasons, the government respectfully requests that this Court enter a

Rule 16(d)(1) protective order limiting the disclosure of discovery materials.

Respectfully submitted,

JACK L. SMITH
SPECIAL COUNSEL

By: /s/ Jay I. Bratt


Jay I. Bratt
Counselor to the Special Counsel
Special Bar ID #A5502946
950 Pennsylvania Avenue, NW
Washington, D.C. 20530

2
Case 9:23-cr-80101-AMC Document 23 Entered on FLSD Docket 06/16/2023 Page 3 of 4

Julie A. Edelstein
Senior Assistant Special Counsel
Special Bar ID #A5502949

David V. Harbach
Assistant Special Counsel
Special Bar ID #A5503068

3
Case 9:23-cr-80101-AMC Document 23 Entered on FLSD Docket 06/16/2023 Page 4 of 4

CERTIFICATE OF SERVICE

I hereby certify that on June 16, 2023, I electronically filed the foregoing document with

the Clerk of the Court using CM/ECF.

/s/ Jay I. Bratt


Jay I. Bratt
Counselor to the Special Counsel

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