August 7, 2023

Morning Joe started off this segment by reminding us of Trump's "if you go after me, I'm coming after you" Truth Social posting.

"That message set off alarm bells within the Justice Department, where special counsel Jack Smith quickly asked a judge to impose a protective order in the case, to block Donald Trump from sharing evidence turned over to his defense team on social media," Mika Brzezinski said.

"The DOJ's request stated, quote, 'if the defendant were to begin issues public posts using details, or, for example, grand jury transcripts, obtained in discovery here, it could have a harmful chilling effect on witnesses or adversely affect the fair administration of justice in this case.' In response, Judge Tanya Chutkan gave Trump's legal team until 5:00 this afternoon to respond to the DOJ's request. The former president's lawyers then, in turn, asked for a three-day extension, something that the Justice Department balked at.

"In a response, Smith wrote, 'Rather than spend time complying with the court's order, the defendant drafted a filing as to why he did not have time to review and consider the five-page proposed protective order. The judge concurred with prosecutors and shot down Trump's request to have today's deadline pushed back.

"While all this was going on, the former president continued to go after those involved in the case over the weekend, despite being warned not to do so. His targets included former vice president Mike Pence, who is a potential witness for prosecutors, also, Judge Chutkan herself and, of course, Jack Smith, both on social media and during a speech in alabama."

TRUMP: Deranged Jack Smith. Doesn't he look deranged? See the picture with the purple robe? He is a deranged human being. We are getting stronger by the day. Somebody said, you should treat him nicer, maybe he'd be nice to you. Let me tell ya, this guy is a lost soul, a bad guy.

"Chuck Rosenberg, I go back to everything i've ever seen regarding proceedings before federal judges in federal courts," Joe Scarborough said.

"You know, we talk about equal justice under the law. Yes, Donald Trump has actually been indicted for trying to overthrow a presidential election, but Chuck, again, in my limited experience, you know, being around this a good bit, I've just never known of a federal judge that would allow a defendant to publicly threaten a prosecutor, stir up death threats against a prosecutor, let alone question the integrity of the court itself, the federal judge itself. I'm wondering, equal justice under the law, are we carving out a special exception for Donald Trump here if his bail is not revoked?"

"I hope not, Joe, and I don't think so," Rosenberg said.

"I think the judge is handling this properly so far. She's being patient and firm and laying down clear rules. In other words, for instance, minor point, she didn't give Mr. Trump's lawyers more time to argue a motion. She's requiring the response today. Judges have done this. They're patient to a point, then they're no longer patient.

"This is reason short of number 37, 38, 39 why you don't want to be Mr. Trump's lawyers. Because you're forced over and over again to say things that are nonsense and to take positions in court that are frivolous. And a little helpful context. When the government is asking for a protective order, that is not an unusual act. The government is about to provide reams of information and data, some of it quite sensitive to the defense team as part of the discovery process.

"And if the defense misuses that stuff, if Mr. Trump starts posting the names of witnesses and what they say on social media, there are real consequences to that. Not just that witnesses can be intimidated or harassed or threatened but potentially worse. I think the judge is watching this very carefully, handling it appropriately, and if you push her too far, there will be consequences for Mr. Trump and his lawyers, as there ought to be.:

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