A battle is heating up in the Jan. 6 criminal case against former President Donald Trump that, while seemingly technical, will likely have a significant impact on the defendant’s ability to mount a defense. It may well serve as a bellwether for how the court will resolve future similar procedural disputes.

On Aug. 4, the government filed a motion asking the court to enter a “protective order” governing how the parties—particularly the defendant—may disclose and use discovery materials the government must turn over to the defendant. Discovery materials broadly include records obtained through grand jury proceedings, testimony of witnesses before the grand jury, reports of witness interviews, and search warrants and other court orders requiring the production of various records obtained during the investigation.

Originally published by Bloomberg Law - August 9, 2023.