Trump election interference case: Judge agrees to limited protective order

A federal judge appeared poised Friday to deliver a mixed ruling in a dispute over what evidence to deem protected in the case of former President Donald Trump, who is charged with conspiring to overturn the results of the 2020 presidential election, according to multiple reports.

>> Read more trending news

In a 90-minute hearing held Friday in Federal District Court in Washington, D.C., Judge Tanya Chutkan said she planned to impose a protective order sought by prosecutors covering discovery evidence in Trump’s case, The New York Times reported. She sided with the former president’s attorneys, however, in determining that the order will only apply to “sensitive” materials.

Prosecutors had sought to bar Trump from sharing details gained from discovery evidence with the public, pointing to Trump’s previous social media posts, including one in which he wrote, “IF YOU GO AFTER ME, I’M COMING AFTER YOU!” They argued that sharing discovery evidence “could have a harmful chilling effect on witnesses or adversely affect the fair administration of justice in this case.”

Trump’s attorneys had argued that barring the former president from speaking publicly about the case would impede on his First Amendment rights.

Chutkan acknowledged Trump’s rights in court Friday but added that the right “is not absolute,” NPR reported.

“He is a criminal defendant,” she said, according to the Times. “He is going to have restrictions like every other criminal defendant.”

Chutkan warned Trump that “even arguably ambiguous statements by the parties or their counsel” could constitute an attempt to “intimidate witnesses or prejudice potential jurors” and prompt the court to take action, according to the newspaper.

“Your client’s defense is supposed to happen in this courtroom, not on the internet,” Chutkan told Trump’s lawyers, according to The Associated Press. She later added, “I will take whatever measures are necessary to safeguard the integrity of the case.”

“I caution you and your client to take special care in your public statements in this case,” she said, the Times reported. “I will take whatever measures are necessary to protect the integrity of these proceedings.”

On Friday, Chutkan appeared to be prepared to impose a limited protective order barring the release of information deemed “sensitive,” siding with prosecutors on what materials would fall under that protection, the AP reported.

Protective orders are routine in criminal cases and aimed at restricting defendants from releasing information publicly that might taint the pool of prospective jurors, according to the Times.

The decision to impose a protective order will allow the government to begin turning over discovery evidence to Trump’s lawyers, the newspaper reported.

A prosecutor said authorities were prepared to turn over more than 11 million pages of evidence over to the former president’s attorneys, according to the AP.

On Aug. 1, a grand jury indicted Trump on charges of conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding and conspiracy against rights in connection with efforts to overturn the 2020 presidential election results.

Trump denied any wrongdoing, framing the case and other investigations into his conduct as politically motivated ahead of the 2024 presidential election. He is the front-runner for the Republican presidential nomination.

2023 Cox Media Group