Georgia Judge Imposes Order to Safeguard Sensitive Evidence in Trump Election Racketeering Case
Judge in Trump election racketeering case issues protective order to prevent future leaks of sensitive evidence, ensuring the integrity of proceedings
Fulton County Superior Court Judge Scott McAfee has issued a protective order on sensitive discovery materials in Donald Trump's racketeering case regarding his efforts to overturn the 2020 election in Georgia. Judge McAfee pointed out the necessity of this order, as it prevents the unrestricted sharing of pretrial materials with the public, which could potentially undermine the legal process.
In his ruling, McAfee stated that after reviewing the competing proposals for protective orders, the relevant laws, and the arguments put forth by the attorneys, the Court concludes that a protective order regarding pretrial discovery is essential and appropriate given the specific circumstances of this case. The decision follows a hearing focused on the defense attorney for one of Trump's co-defendants leaking crucial video evidence.
Former President Donald Trump sits in the courtroom during his civil fraud trial at New York State Supreme Court on November 6, 2023 in New York City.
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As per the recent order issued on Thursday, the responsibility of identifying discovery materials deemed sensitive lies with the Fulton County district attorney's office. Defendants will be given a period of 14 days to challenge this designation.
In the event that prosecutors and defense attorneys are unable to reach an agreement regarding the sensitivity of the materials, it will be necessary to submit a motion to the court. During this process, the defense will be required to handle any disputed discovery as "sensitive" material until the court makes a ruling, as stated in the order.
Furthermore, the court order permits defense attorneys to retain the materials in good faith. Fulton County prosecutors previously proposed that defense attorneys would need to personally visit the district attorney's office in order to access the materials.
Prosecutors requested McAfee's intervention to enforce a protective order that would limit the defendants' handling of the materials obtained during the discovery phase. This measure was deemed necessary after videotaped interviews of defendants who had reached plea agreements with prosecutors were leaked to the media earlier this week.
