Friday, August 11, 2023

Chutkan's first hearing

Chutkan hashed out a deal that gives Trump more latitude to discuss evidence gathered in the Jan. 6 case while blocking the sharing of sensitive discovery such as witnesses testimony gathered in the case.

The coming protective order in the case also follows recommendations from DOJ that limit the sharing of discovery with “volunteer attorneys” – a prospect Chutkan noted could greenlight the sharing of evidence in the case with the same group of attorneys that advised Trump ahead of Jan. 6 and are now listed as co-conspirators in the case.

  The Hill
Volunteer attorneys. Trump has volunteer attorneys.
She warned the parties to take “special care” in any statements they make about the case, saying she would ensure there was no “carnival atmosphere of unchecked publicity and trial by media,” a nod to language from an earlier Supreme Court case.

“The more a party makes inflammatory statements about this case … the greater the urgency will be that we proceed to trial quickly,” Chutkan said.
So...next week?
“The existence of a political campaign is not going to have any bearing on my decision. I intend to keep politics out of this,” Chutkan said.

“I cannot and I will not factor into my decisions the influence it will have on a political campaign on either side.”

[...]

“I’m finding it very difficult to envision a former president engaged in a political campaign talking about witnesses who may not have the kind of protections that he has. I could see the possibility for a lot of problems here,” Chutkan said.

“I can see how in advance of trial making public statements about potential witnesses is going to in and of itself affect the orderly administration of justice and could run afoul of his release conditions.”

[...]

Chuktan ultimately determined DOJ didn’t show good cause for drafting a broad order that would restrict all of the materials prosecutors hand over.

But in the end, it may make little difference. DOJ said the majority of evidence in the case would be considered sensitive, leaving it out of bounds for Trump to discuss publicly.

The evidence is expected to be extensive. Windom said the first production will include 11.6 million page, though he said it was “extraordinarily well organized.”
Zowie.
“I can just imagine your motion for a trial date,” Judge Tanya Chutkan joked to Trump attorney John Lauro.

[...]

“Defense counsel has trust in the defendant that the government does not,” Windom said, adding later, “He has shown a tendency to desire to hold on to material which he should not.”

Lauro protested, saying with Trump’s attorneys were spread thin across his multiple cases as well as their other clients and do not have time to “literally babysit” the former president while he reviews evidence.
You go to trial with the client you have, not the client you wish you had. (Thank you, Donald Rumsfeld.)
While Chutkan allowed Trump to review evidence on his own, she barred him from using any electronic devices in the process, including photocopiers.
Who's going to babysit him to be sure he doesn't? And let's not forget...he has a sharpie.
Chutkan also reiterated that Trump's attorneys must review any notes he takes to ensure it does not contain personally identifiable information.

That's fine, but part of the evidence in the documents case is that Trump lied to his own attorneys to sneak things by them.  So how are they supposed to ensure that?

Trump’s attorneys had requested Chutkan remove that language from the order.

Chutkan said “that obligation is imperative” to avoid intimidation of witnesses.

[...]

Chutkan also rejects another Trump proposal that would let him release info if it otherwise becomes public.

She said former President Trump can still not share any sensitive discovery on those matters.
Next hearing is August 28, when we can expect Judge Chutkan to set the trial date.

...but hey, do what you want...you will anyway.

UPDATE 01:13 pm:



UPDATE 04:49 pm:


UPDATE 08/13/2023:


I wonder if that will come up when she sets the trial date on the 28th.

Detailed report of the hearing is here at Lawfare.
“I’m concerned that members of the public also, who are not bound by conditions of release, would intimidate witnesses” and threaten the integrity of proceeding, [Chutkan] concludes.

  Lawfare
Egged on by Trump's bleats.
“Trump will scrupulously abide by your orders,” Lauro promises.
And yet...

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