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At Trump’s arraign- ment last Thursday for trying to overturn the re- sult of the 2020 election, Magistrate Judge Moxila A. Upadhyaya warned him that he could be taken into custody if he violated the conditions of his release, including at- tempting to influence ju-
rors or intimidate future witnesses.
Calling him “Mr. Trump” rather than President
Trump — thereby emphasizing that he was being treated as any criminal defendant would be treated — she said:
“I want to remind you that it is a crime to try to in- fluence a juror or to threaten or attempt to bribe a wit- ness or any other person who may have information about your case or to retaliate against anyone for pro- viding information about your case to the prosecution, or to otherwise obstruct the administration of justice.”
The judge then warned Trump, “You have heard your conditions of release. It is important you comply. You may be held pending trial in this case, if you vi- olate the conditions of release.”
She asked Trump, “Do you understand these warn- ings and consequences, sir? Are you prepared to com- ply?”
Trump responded, “Yes.”
But not 24 hours later, Trump posted on social media a message that could be understood as an at- tempt to influence potential jurors or retaliate against any witness prepared to testify against him: “IF YOU GO AFTER ME, I’M COMING AFTER YOU!”
On Friday evening, prosecutors from the office of Special Counsel Jack Smith asked the court for a pro- tective order to stop Trump from making public any of the information they were about to deliver to his lawyers under the discovery phase of the upcoming criminal trial, such as the names of witnesses who will testify against him.
They noted that such protection was “particularly important” because Trump “has previously issued public statements on social media regarding wit- nesses, judges, attorneys and others associated with legal matters pending against him.”
Citing his social media message from earlier in the day, they argued that publishing such information “could have a harmful chilling effect on witnesses.” The prosecutors included a screenshot of Trump’s threatening post from that same evening.
On Saturday, the presiding judge in the case, Judge Tanya Chutkan, ordered that Trump’s lawyers respond to the prosecutor’s request for a protective order by 5
