The entreaty was routine
The Times offers detail on the protective order:
The first miniskirmish in the prosecution of former President Donald J. Trump on charges of conspiring to overturn the 2020 election involves a step that is taken in the early phases of many prominent criminal cases: a proposal to impose rules on how the voluminous discovery evidence in the matter should be handled.
The disagreement started on Friday, when prosecutors in the office of the special counsel asked the judge who is overseeing the case for what is known as a protective order governing the disclosure of discovery material to Mr. Trump’s lawyers. The entreaty was routine, although in making their request, the prosecutors took what could be considered an extra step.
The extra step was citing Trump’s I WILL COME AFTER YOU tweet.
The prosecutors did not ask Judge Chutkan to issue a gag order against Mr. Trump because of the post. But they did use the message to suggest there should be clear rules in place to keep the former president from posting online any evidence that his legal team would get through the discovery process, an apparent acknowledgment that for Mr. Trump, few things are ever routine.
Aka an apparent acknowledgement that Trump is a raging psychopath who will do whatever pops into his head in his efforts to save his ass.
On Monday, Mr. Trump’s lawyers responded to the government’s request by arguing in court papers that prosecutors, by asking Judge Chutkan to limit the former president from publicly discussing the evidence in his case, [were] infringing on Mr. Trump’s First Amendment rights and [were] having “the court assume the role of censor.”
Which to an outsider seems just silly. If he goes to prison that will infringe on his rights to freedom of motion and yadda yadda, too, because that’s how that works. You lose some rights when you are convicted of serious crimes.
On Monday night, in what has become a typical tit for tat, prosecutors fired back, accusing Mr. Trump’s legal team of proposing its own version of the order “designed to allow him to try this case in the media rather than in the courtroom.”
Might as well make ourselves even more of a laughingstock than we already are, right?