Federal Prosecutors Take Steps to Protect Classified Materials in Prosecution of President Trump

Federal prosecutors on Thursday revealed their plan to protect classified materials in the prosecution of President Donald Trump. The government is required to share information with Trump’s defense attorneys about what he allegedly held onto and its importance, and Trump may assert the need to use classified materials at trial.

In an 11-page motion filed in Florida Thursday, prosecutors pushed back on a claim by Trump’s attorneys that going to trial during the 2024 presidential election would risk the viability of a fair jury selection process. Prosecutors said there was “no reason to credit the claim,” arguing that “the Government readily acknowledges that jury selection here may merit additional protocols (such as a questionnaire) to ensure a fair and impartial jury.”

The issue is governed by the Classified Information Procedures Act (CIPA), which was put in place to prevent government secrets from being disclosed in cases where they’re relevant to a prosecution. Under CIPA, prosecutors must provide the defense with a list of classified information that could be used at trial. The defense must then provide a statement of intent to use the information, and the court must then determine if the information is necessary for the defense.

The government has also proposed a protective order that would limit the use of classified information to the courtroom and prevent it from being shared with third parties. The order would also require the defense to return any classified materials to the government after the trial.

The issue of how to protect classified materials in the prosecution of President Trump is a complicated one, and prosecutors are taking steps to ensure that the process is fair and impartial. The government’s motion filed Thursday is the latest step in the process, and it remains to be seen how the court will rule on the matter.