In a Monday court brief, Trump’s attorneys claimed he should be entitled to discuss the evidence in his criminal prosecution over a hush payment to a porn star, especially if others can.
They said Trump, the top Republican presidential contender, had a First Amendment right to express his side “both for his own sake and for the benefit of the voting public.”
The filing preceded a Thursday Manhattan state court hearing on whether Trump should be limited to utilizing prosecutors’ information for defense. The Manhattan district attorney wants Trump to get court clearance before sharing the material on the press or social media. As a result, Trump will miss the hearing.
Last week, prosecutors requested a court order restricting Trump’s use of evidence due to his attacks on witnesses. They intended to decrease witness and case participant harassment.
In their Monday filing, Trump’s defense attorneys highlighted that key witnesses Michael Cohen and Stormy Daniels had insulted Trump and “made a living” publicizing the matter.
After Trump was arraigned last month, Manhattan District Attorney Alvin Bragg held a press conference, and former prosecutor Mark Pomerantz wrote a book about the Trump investigation. They also called Trump a mafia leader, Pomerantz added.
“Trump cannot be the only interested party in this case whose speech about the evidence in the case is restricted by the court,” argued lawyers Susan Necheles and Todd Blanche.
The attorneys proposed a protection order prohibiting anybody who gets or examines the files, including the prosecution team, from copying or distributing them. However, they did not object to a ban on disseminating prosecution evidence and other information on news and social media outlets.
Trump faces 34 charges of falsifying company records to hide an unlawful 2016 presidential election plan.
Prosecutors said he urged Cohen to pay Daniels $130,000 to keep quiet about a sexual encounter. Instead, Cohen received cheques authorities claimed concealed New York election law breaches and federal campaign contribution restrictions.
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