A federal grand jury on August 1 indicted Trump on conspiracy and obstruction charges following a year-long investigation by DOJ into Trump's post-election efforts to uncover voting fraud and halt the certification of the electoral college results on January 6, 2021.
Gaston and fellow prosecutor J.P. Cooney, also currently assigned to Smith's team, informed Andrew McCabe-the former acting FBI Director who was fired in 2018 for lying to federal investigators-that he would not be charged.
"We write to inform you that, after careful consideration, the Government has decided not to pursue criminal charges against your client, Andrew G. McCabe, arising from the referral by the Office of the Inspector General to our office of conduct described in OIGs April 18, 2018 report, entitled 'A Report of Allegations Relating to Former Deputy FBI Director Andrew McCabe,'" Gaston and Cooney wrote to Michael Bromwich and David Schertler, McCabe's attorneys, in February 2020.
Ironically, or not, Cooney and Gaston now have a leading role in prosecuting the former president for "Creat[ing] an intense national atmosphere of mistrust and anger, and erod[ing] public faith in the administration of the election,"-something that DOJ employees including McCabe did successfully by attempting to run Trump out of office based on lies about Trump-Russian election collusion.
Late Friday night, Gaston filed a motion with Tanya Chutkan, the Obama-appointed judge assigned to the case, to sign a protective order based over purported fears of the "Unwarranted disclosure" of "Sensitive" information by Trump in the case.
Gaston threatened to withhold discovery materials from Trump until Chutkan signs the protective order, which essentially reads as a gag order.
Judge Chutkan ordered Trump to respond to Gaston's motion by Monday at 5:00 p.m; Trump's lawyers asked for an extension and accused Gaston of ambushing the defense.
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