Case 9:23-cr-80101-AMC Document 23-1 Entered on FLSD Docket 06/16/2023 Page 1 of 5

UNITED STATES DISTRICT COURT

CASE NO. 23-80101-CR-CANNON-REINHART

UNITED STATES OF AMERICA

v.

DONALD J. TRUMP and

Defendants.
/

RULE 16 PROTECTIVE ORDER

Upon consideration of the Government’s motion for a protective order pursuant to Rule

16(d)(1) of the Federal Rules of Criminal Procedure, and after consideration of the motion and the

entirety of the record, it is hereby ORDERED as follows:

1. Definition of Discovery Materials. All non-classified discovery produced by the

United States to the Defendants in preparation for, or in connection with, any stage of this case

(collectively, “the Discovery Materials”) are subject to this protective order (“the Order”) and may

be used by the Defendants and Defense Counsel (defined as counsel of record in this case) solely in

connection with the defense of this case, and for no other purpose, and in connection with no other

proceeding, without further order of this Court.

2. Storage of Discovery Materials. Discovery Materials must be maintained in the

custody and control of Defense Counsel. Defense counsel shall store the Discovery Materials

securely with labels that make it clear that the materials are subject to the Order. Electronic materials

or copies of the Discovery Materials shall be stored in the same manner.

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3. Disclosure of Discovery Materials. Defendants and Defense Counsel shall not

disclose the Discovery Materials or their contents directly or indirectly to any person or entity other

than persons employed to assist in the defense, persons who are interviewed as potential witnesses,

counsel for potential witnesses, and other persons to whom the Court may authorize disclosure

(collectively, “Authorized Persons”). Before providing materials to an Authorized Person, Defense

Counsel must provide the Authorized Person with a copy of this Order, and Defense Counsel shall

obtain from each person to whom disclosure will be made a signed Protected Discovery Material

Agreement (“Agreement”) available as Attachment A to the Order in which the recipient (1)

acknowledges the restrictions set forth in this Order, and (2) agrees that he/she will not further

disclose or disseminate the Discovery Materials. Defense Counsel shall keep a copy of each signed

Agreement to identify the individuals who received the Discovery Materials and the date on which

such information was first disclosed. No disclosure is permitted to any individual or entity that has

not signed such Agreement, except by further order of the Court. Potential witnesses and counsel

for potential witnesses may be shown copies of the Discovery Materials as necessary to prepare the

defense, but they may not retain copies without prior permission of the Court.

4. Copies of Discovery Materials. Defendants, Defense Counsel, and Authorized

Persons shall not copy or reproduce the Discovery Materials except as necessary to prepare for the

defense. Copies and reproductions shall be treated in the same manner as the original Discovery

Materials. The Defendants, Defense counsel, and Authorized Persons shall not disclose any notes

or records of any kind that they make in relation to the contents of the materials, other than to

Authorized Persons, and all such notes or records are to be treated in the same manner as the original

Discovery Materials. The Discovery Materials shall not be copied or reproduced by Defendants or

anyone acting on the Defendants’ behalf, except Defense Counsel or agents of Defense counsel.

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5. Defendants’ Review of Discovery Materials. Defendants shall only have access to

Discovery Materials under the direct supervision of Defense Counsel or a member of Defense

Counsel’s staff. Defendants shall not retain copies of Discovery Material. Defendants may take

notes regarding Discovery Materials, but such notes shall be stored securely by Defense Counsel or

a member of Defense Counsel’s staff in the same manner as the Discovery Materials.

6. No Disclosure to the Public. The Discovery Materials, along with any information

derived therefrom, shall not be disclosed to the public or the news media, or disseminated on any

news or social media platform, without prior notice to and consent of the United States or approval

of the Court.

7. Use of Discovery Material in Court. The procedures for use of Discovery Material

during any hearing or trial of this matter shall be determined by the parties and the Court in advance

of the hearing or trial. Defendants shall not disclose Discovery Material in any public filing or in

open court without notice to, and agreement from, the United States, or prior approval from the

Court.

8. Return of Discovery Materials. Within 90 days of the conclusion of all stages of

this case, including all related appeals, all Discovery Materials and all copies thereof shall be

destroyed by Defense Counsel or returned to the United States, unless otherwise ordered by the

Court. The Court may require a certification as to the disposition of any such materials.

9. Violations. A knowing violation of this Order by Defendants, Defense Counsel, and

Authorized Persons may result in contempt of court or other civil or criminal sanctions.

10. Modification of this Order. This Order may be modified by the agreement of the

parties with permission of the Court or by further Order of the Court. Nothing in this Order shall

prevent any party from objecting to discovery that it believes to otherwise be improper.

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11. No Ruling on Discoverability or Admissibility. This Order does not constitute a

ruling on the question of whether any particular material is properly discoverable or admissible and

does not constitute any ruling on any potential objection to the discovery of any material.

12. The restrictions set forth in this Order do not apply to documents that are or become

part of the public court record, nor do the restrictions in this Order limit Defense Counsel in the use

of the materials in judicial proceedings in this case, except as described above.

ORDERED this ___ day of June, 2023.

HON. AILEEN M. CANNON

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Attachment A to Protective Order

I _________________________ have read the Rule 16 Protective Order in United States

v. Donald J. Trump and Waltine Nauta. I have carefully reviewed each provision. I fully

understand the Protective Order, and I voluntarily agree to abide by its restrictions. I am an

Authorized Person under the Protective Order, and I will not further disclose or disseminate the

Discovery Materials.

________________ ________________________________________________
Date Signature