Judge warns of restraints to what evidence Trump can talk about, agrees to limited protective order

The federal judge managing the election conspiracy criminal case against Donald Trump gave a warning on Friday, emphasizing that the former president’s public remarks concerning the investigation must be restricted while he is running for a second term. During her initial hearing for the case, U.S. District Judge Tanya Chutkan in Washington considered the structure of a protective order to halt the public disclosure of all evidence submitted by the prosecution. Simultaneously, she spoke about the case’s unique blend of legal and political elements.

Judge Chutkan insisted that her rulings would not be influenced by politics, repeatedly emphasizing that Trump, as a defendant before trial and as a candidate for the 2024 Republican presidential nomination, must adhere to court regulations.

She told Trump’s lawyers, “Your client’s defense should take place within these courtroom walls, not on the internet.”

Chutkan also expressed her concern that making “inflammatory” statements about the case would increase her need to expedite the trial to avoid potential jury pool contamination. She stated that she would take necessary steps to preserve the case’s integrity.

The Justice Department informed the court they were ready to hand over more than 11 million pages of evidence to Trump’s defense team. Chutkan agreed to a less strict version of a protective order for evidence but largely concurred with the prosecution on safeguarding sensitive materials.

The judge rejected a wider protective order request from prosecutors aiming to stop the public release of all evidence as trial preparations continue. Instead, she appeared ready to enforce a more restrictive order that would only prohibit the release of “sensitive” content, such as grand jury information.

In the hearing, both parties debated the necessary extent of the protective order, with the prosecution emphasizing Trump’s need for supervision when reviewing materials, citing concerns about his handling of classified information. Trump’s legal team argued that the government’s proposed restrictions were excessive and would infringe on his free speech rights.

John Lauro, Trump’s attorney, defended Trump’s right to respond to political opponents, including former Vice President Mike Pence, who is also a potential witness in the case.

Trump, leading in the GOP presidential primary, has denied the charges, including conspiracy to defraud the United States, painting the investigations as politically driven.

Prosecutors warned that sensitive information, such as grand jury transcripts, needed to be protected from public disclosure to prevent any detrimental effects on witnesses or the administration of justice.

The protective order being sought would prevent Trump and his lawyers from revealing materials provided by the government to anyone other than authorized parties. Trump’s team requested a narrower order that would only restrict the release of “sensitive” documents.

The case, which was unsealed last week, is the first criminal one seeking to hold Trump responsible for his actions before the Capitol attack on Jan. 6, 2021. The charges could result in a lengthy prison term if convicted, with the gravest counts carrying a maximum of 20 years.

Special Counsel Jack Smith’s team has expressed a desire to expedite the trial, proposing a Jan. 2 trial date. Trump is also facing trials in New York and Florida, related to campaign payment issues and hoarding classified documents, scheduled for March and May, respectively.

In June, a similar protective order in the Florida case was imposed, barring Trump and his legal team from publicly sharing evidence without prior permission.

Frequently Asked Questions (FAQs) about Protective Order

More about Protective Order

• Judge warns of restraints to what evidence Trump can talk about
• Presiding over her first hearing for the case
• Chutkan stressed that political considerations wouldn’t guide her decisions
• Your client’s defense is supposed to happen in this courtroom, not on the internet
• The more anyone makes “inflammatory” statements about the case
• I will take whatever measures are necessary to safeguard the integrity of the case
• Prosecutors ask judge to issue protective order after Trump post
• Prosecutors seek Jan. 2 trial date for Donald Trump
• The judge assigned to Trump’s Jan. 6 case is a tough punisher
• The government considers the vast majority of evidence in the case to be sensitive
• Thomas Windom, a top deputy to Special Counsel Jack Smith, argued
• When prosecutors proposed the protective order
• Lawyers for Trump, who has railed against prosecutors and the judge
• John Lauro, an attorney for Trump, raised the example of former Vice President Mike Pence
• Trump, the early front-runner in the GOP presidential primary
• Prosecutors say that a substantial amount of evidence
• The prosecutors proposed a protective order barring Trump
• Trump’s team, meanwhile, asked for a more narrow order
• The case, unsealed last week, is the first criminal case
• Trump has pleaded not guilty to four felony counts
• Smith’s team has indicated that it wants the case to move to trial swiftly
• Magistrate Judge Bruce Reinhart in June imposed a similar protective order