The special counsel investigating Donald Trump's classified documents case is seeking a protective order ahead of a key hearing this week, saying it's necessary to "avoid further delay" by the former president's defense.
In their Monday filing, attorneys for Justice Department special counsel Jack Smith included a proposed protective order for classified information ahead of a Tuesday Classified Information Procedures Act hearing to decide how sensitive materials involved in the legal proceeding can be protected.
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Government attorneys also said they had not heard from Trump's counsel since a July 14 request to have a call with defendants "in order to see if it was possible to address the Defendants' concerns," according to court records.
"Defense counsel informed the Government that they were not available that day but could find a time for a call the following week," the government attorneys wrote, adding they were "filing this motion now to avoid further delay."
In the proposed request, the language of the government's filing indicated that the DOJ wants some materials given to Trump's lawyers to be off limits to the former president, a request that could prompt Trump to challenge and thereby cause further delay.
"The defense may not disclose classified information to the Defendants unless that same information has been previously disclosed to the defense by the Defendants or provided by the government with markings indicating it may be disclosed to the Defendants," government attorneys wrote on page 6 of the proposal.
The CIPA hearing on Tuesday is essential to push Trump's case any further as his attorneys must gain the required security clearance to access the documents essential to the case.
Trump pleaded not guilty last month to 37 federal charges in connection to the classified documents case, including 31 counts of willful retention of classified documents under the Espionage Act.
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Meanwhile, Trump's team has sought to ask U.S. District Judge Aileen Cannon to postpone any trial until after the 2024 election, a move the government flatly rejects.
Cannon initially sought to have the trial commence in early August, though the DOJ indicated its preference for a trial to commence in December.