Special treatment

Then Judge Goodman turns to whether Trump will be released or held in custodial detention pending trial—the latter of which would be a near-certain outcome if this were any other defendant.

But Trump is not any other defendant, and the Justice Department has apparently recommended several extraordinarily lenient conditions of pretrial release. Judge Goodman notes that a bond recommendation from the government was attached to the summons Trump received on the day of his indictment on June 8, 2023. The government’s recommendation, he says, is that Trump should be released on a “personal surety bond with no financial conditions.” In other words: The Justice Department wants Trump released without requiring the payment of bail.

What’s more, Goodman continues, the government recommends only two of the five standard conditions of release that typically apply to defendants awaiting trial: First, that Trump will not commit any new state, federal, or local criminal offenses and, second, that Trump will appear in court as may be required. While most defendants in Trump’s position would be slapped with restrictions that, for example, prohibit travel outside of Florida without permission from the court, the Justice Department has declined to pursue such restrictions.

[...]

Goodman announces that he has “some questions” about the Justice Department’s recommendations. “Is the prosecution asking former President Trump to surrender his passport?” he queries. Harbach, speaking on behalf of the Justice Department, confirms that the government is not asking Trump to surrender his passport or any restrictions related to international travel. Further, Harbach continues, the prosecution is not seeking a restriction requiring Trump to avoid contact with his co-defendant, witnesses, or victims.

[...]

But Goodman isn’t willing to be as lenient as the government is with respect to the special conditions of [Trump's] release. “Despite the parties recommendations,” he says, “I’m going to impose special conditions.” Specifically, Goodman wants Trump to avoid contact with witnesses and victims in the case except through counsel. He asks the government to submit a list of witnesses and victims so that Trump would know whom to avoid by way of abiding by the restriction.

[...]

Goodman further says that Trump should avoid talking to [co-defendant] Nauta about the case. He emphasizes that he customarily would require no contact whatsoever between co-defendants. But here he recognizes that Nauta works for Trump, and it would thus be “impossible” for the usual condition to apply in this case.

  Lawfare

Like THAT's going to be honored.

[Trump attorney] Blanche says that the “problem” with the conditions enumerated by the judge is that many of the likely witnesses in the case are part of Trump’s protective detail or long-time employees. “For him not to be allowed to have contact with them would in our view be inappropriate,” he stresses.

[...]

Noting that the government is “cognizant” of the issues raised by Blanche, [Government attorney] Harbach suggests that the prosecution come up with a non-exhaustive, narrowed list of witnesses that could “accommodate” Blanche’s concerns. After producing the list, he advises, the government could confer with Trump’s legal team to work through any practical difficulties. Further, he says, the government would suggest that—as with Nauta—the restriction could be limited to communications with these witnesses about the case.

[...]

[Blanche] suggests that it would be “unfair” to people who rely on Trump for their livelihoods if the government were to place them on the “no contact” list. Moreover, he says, these restrictions on communications with witnesses are not necessary because “all of these witnesses” have their own counsel, which Blanche seems to consider sufficient to guard against any improper communications with Trump.

[...]

[Goodman] decides on a simpler course of action: The government should produce of list of witnesses, but the “no contact” restriction will be limited to no communications “about the facts of the case other than through counsel.”

Nauta's arraignment is moved to June 27, but the special conditions for him are the same as for Trump.

Don't try this at home.

...but hey, do what you want...you will anyway.