Jack Smith files for protective order against Donald Trump, reveals classified documents investigation is “ongoing”

| 7:30 pm EDT June 16, 2023
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This morning I wrote that, after several days of nonstop big headlines in the classified documents probe against Donald Trump, it’s now really down to the court filings and procedural moves. Those filings tend to be clinical in nature, and a lot of them are standard procedure. But sometimes court filings can end up, out of necessity, pointing to big remaining pieces of the puzzle.

For instance, today Jack Smith filed for a protective order to keep Donald Trump (and Walt Nauta) from publicly revealing the non-public details of the case, as their attorneys are given that information leading up to trial. This is not a gag order aimed at blocking Trump from discussing the case at all; it’s solely about the specific evidence in the case. Trump’s side apparently didn’t bother to object to the protective order, given that it was going to granted anyway.

If Trump does violate this protective order, he could very quickly lose his status as a free man while awaiting trial. But even as we wait to see if Trump makes that mistake, something else jumps off the page. Jack Smith’s filing says that the materials covered under the protective order “include information pertaining to ongoing investigations” and the identity of “uncharged individuals.” So what’s this getting at?

At the least, it means that Jack Smith considers his classified documents criminal probe to be ongoing. This could mean he’s looking at more charges against Trump (potentially in Washington DC or New Jersey). It could also mean that Smith is still investigating what all Trump might have done with the documents that he stole.

The part about “uncharged individuals” could refer to co-conspirators in this probe who weren’t charged as a result of their cooperation (think Mark Meadows, if he has flipped as reported) or it could refer to criminal targets who haven’t yet been charged (for instance, anyone Trump might have hypothetically sold classified information to).

While this is all somewhat vague, it does make clear that Jack Smith considers his classified documents criminal probe to be – his word – “ongoing.” That should scare Donald Trump, who could face more Espionage Act-related charges. It should also scare anyone who criminally conspired with Trump in any way related to these documents. If they thought they were off the hook just because they didn’t get indicted alongside Trump and Nauta, their time could still be coming.