US District Judge Sets Guidelines for Trump’s Election Subversion Case
WASHINGTON – US District Judge Tanya Chutkan has established the parameters for how she will preside over the election subversion case against former President Donald Trump. During a recent hearing, the focus was on the limitations on how Trump could handle the evidence provided by the special counsel’s investigators.
Judge Chutkan issued a protective order that prevents Trump from publicly disclosing “sensitive information,” including witness interviews, turned over to his legal team. While Chutkan acknowledged the importance of protecting Trump’s rights as a criminal defendant, she emphasized that his First Amendment right to free speech is not absolute in a criminal case like this.
“It is a basic tenet of the judicial process in this country that legal trials are not like elections, which are won through the use of the boardroom, the radio, and the newspaper. This case is not an exception,” Chutkan stated.
Chutkan also warned that the more “inflammatory” statements made by either party, the quicker the trial proceedings would move to ensure fairness to the jury. In addition, she expressed skepticism of some arguments presented by special counsel Jack Smith’s office and emphasized the need for public transparency in court filings.
Last week, Trump pleaded not guilty to four criminal charges related to his attempt to overturn the 2020 presidential election. Judge Chutkan cautioned Trump’s lawyers about any public statements that could potentially intimidate witnesses and obstruct justice.
Chutkan adopted restrictions proposed by prosecutors, prohibiting Trump from publicly releasing information from interview transcripts and investigative recordings. However, she agreed with Trump that the scope of evidence covered by the restrictions should be more limited than what prosecutors initially proposed.
Judge Chutkan’s handling of the case is likely to contrast with Florida District Judge Aileen Cannon, who has faced criticism for allegedly treating the former president favorably in a previous lawsuit filed by Trump.
The issue of politics and criminal defense arose during exchanges between Chutkan and Trump’s attorney, John Lauro. Lauro argued for fair use of information while Chutkan maintained that Trump’s political campaign should not interfere with the administration of justice. The judge made it clear that Trump, as a criminal defendant, would have the same restrictions as any other defendant.
Chutkan’s protective order bars Trump from publicly disclosing “sensitive information,” including witness interviews and evidence obtained through court-approved records and sealed warrants. While Chutkan rejected a broader protective order requested by prosecutors, she restricted how Trump and his legal team could handle and publicly share sensitive information.
The trial is expected to commence on January 2, 2024, as proposed by the special counsel. However, Trump rejected this date in a social media post.
As the case progresses, Judge Chutkan’s swift and concise responses to debates between the parties indicate her commitment to a fair trial. Chutkan has previously overseen cases related to the events of January 6, 2021, and has spoken out against the damage caused to American democracy by the attack on the Capitol.
–CNN’s Holmes Lybrand and Katelyn Polantz contributed to this reporting.