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D.C. District Judge Tanya Chutkan has partially granted a protective order that would restrict Donald Trump and his legal team’s ability to share potentially sensitive evidence made available to them in the course of his 2020 election meddling trial.
The order, approved Friday, explicitly bars Trump from exploiting “sensitive” evidence outside of the scope of the trial, a critical restriction given that the former president has been extremely vocal about the investigation as he campaigns for the GOP 2024 nomination.
The decision was delivered with a warning from Chutkan that while Trump has a First Amendment right to free speech, public statements attacking witnesses or threatening the integrity of the case will be met with consequences.
“What the defendant is currently doing — the fact that he’s running a political campaign — has to yield to the orderly administration of justice,” she said during a Friday hearing. “If that means he can’t say exactly what he wants to say about witnesses in this case, that’s how it has to be.”
Trump himself declared during a campaign rally on Tuesday that he would continue to discuss the case regardless of the order — and it seems that the court heard him. The judge also made a point to remind Trump’s attorneys that their client’s “behavior and statements are governed by conditions of release.”
“I caution you and your client to take special care in your public statements about this case,” Chutkan said. “I will take whatever measures are necessary to safeguard the integrity of these proceedings.”
“Even arguably ambiguous statements from parties or their counsel, if they can be reasonably interpreted to intimidate witnesses or to prejudice potential jurors, can threaten the process,” she added.
Chutkan’s ruling restricts Trump and his legal team’s ability to distribute materials deemed as “sensitive” by the court. Items designated as sensitive “may be used by the defendant and defense counsel (defined as counsel of record in this case) solely in connection with the defense of this case, and for no other purpose, and in connection with no other proceeding, without further order of this court.” the order reads. In addition, the ruling places restrictions on with whom the former president and his team can share sensitive materials.
“Without prior notice to the United States and authorization from the court, no Sensitive Materials, or information contained therein, may be disclosed to any person other than the defendant, defense counsel, persons employed to assist the defense,” the ruling adds.
As defined by the order, sensitive materials include materials containing personally identifying information, grand jury subpoena returns, witness testimony, and related exhibits, materials obtained through sealed search warrants, sealed orders, and materials related to witness interviews.
Judge Chutkan did block efforts by the government to broaden the restrictions of the order, stating Friday that she didn’t “want to just issue a blanket protective order over information that is not sensitive.”
Chutkan further warned Trump’s attorneys that “inflammatory statements about this case which could taint the jury pool” would strengthen the government’s request for a speedy trial. On Thursday, the Department of Justice submitted a proposed timeline that would set Trump’s trial date for Jan. 2, 2024.
While a date won’t be officially locked in until after a late August hearing, Chutkan’s decision regarding the protective order means that Trump and his legal team are now able to begin receiving discovery materials from the DOJ.
