The Justice Department (DOJ) is appointing a classified information security officer (CISO) in the case special counsel Jack Smith has brought against former President Donald Trump over his efforts to challenge the 2020 election results.
Order Details
The order covers any document or information that has been classified by any executive branch agency, including that with President Trump already has or is aware of.“Any classified information provided by the Government to the Defense is to be used solely by the Defense to prepare a defense in this case,” it reads. “The Defense may not disclose or cause to be disclosed in connection with this case any information known or reasonably believed to be classified information except as otherwise provided in this Order.”
The appointed CISO will be responsible for providing security arrangements to protect the classified information, and counsel President Trump’s team on “appropriate storage, handling, transmittal, and use of classified information.”
The CISO will also be responsible for establishing an approved secure area and procedures so that President Trump’s legal team can review discovery materials, which can contain classified information. However, they cannot disclose the information or the existence of this information.
Gag Order Request
The original request had been much broader.A day after President Trump pleaded not guilty to four criminal charges, he made a post on Truth Social: “If you go after me, I’m coming after you!”
His campaign followed with videos featuring the prosecutors in his cases, alleging “election interference.”
That initial Truth Social post was highlighted in Mr. Smith’s request for a protective order, asking Judge Chutkan to restrict what President Trump can say about the case.
He argued that potential witnesses may be intimidated by the prospect of being featured in President Trump’s social media, achieving a “harmful chilling effect,” or otherwise influencing jurors.
Second Protective Order
In a separate case Mr. Smith is prosecuting, President Trump is facing a trial in Florida over allegedly mishandling classified documents.Given that the case centers around classified documents, the DOJ and President Trump’s legal team have been arguing over how to handle the classified information, including how much access the former president should have.
According to an Aug. 17 order by U.S. District Judge Aileen Cannon, there will be a sealed hearing scheduled to discuss “sensitive, security-related issues concerning classified discovery.”
In July, Mr. Smith had requested a protective order under the Classified Information Protection Act (CIPA) to limit President Trump’s access to the case information, as well as what he is allowed to disclose about the case.
“Classified documents and materials, including but not limited to documents Defendant Trump was charged with illegally retaining, were collected as part of the investigation,” he wrote. “CIPA provides that the Court shall issue an order, upon the request of the United States, ’to protect against the disclosure of any classified information disclosed by the United States to any defendant in any criminal case.'”
President Trump opposed any order that would prevent discussing the case with his legal team and asked for the approval of a secure location to do so.
The DOJ and President Trump’s team then argued over the location of the authorized sensitive compartmented information facility (SCIF) to be used in this case. President Trump noted that there used to be an approved SCIF at Mar-a-Lago and requested it be reinstated; Mr. Smith argued it was an “extraordinary” ask and that the former president was seeking “special treatment.”
President Trump’s team refuted the characterization that their request was “based on ‘inconvenience.’” Given the security protocol for his travel, the “hurdles and costs” would make it “virtually impossible” for the legal team to discuss the case with their client otherwise, they said.