Friday, August 11, 2023

Chutkan's first ruling is mixed

[On Friday, Judge Chutkan] ruled that a protective order sought by prosecutors will cover only material the Justice Department designates as sensitive, not all the information to be exchanged in the discovery process. But Judge Tanya Chutkan sided with the Justice Department in designating witness interviews and recordings as "sensitive" and covered by the protective order. She said, "Disclosure of any of those materials creates too great a risk that witnesses may be intimidated" or the jury pool be polluted.

[...]

Chutkan said the Justice Department bore the burden of showing "good cause" for a protective order on such bases as witness protection, security and protection of information vital to national security. But she said she also needs to "minimize" the effects of pretrial publicity under precedent.

  NPR
Special Counsel Jack Smith had requested an order that would prevent the “improper dissemination or use” of all evidence given to Trump’s defense ahead of the trial. However, in a hearing Friday, U.S. District Judge Tanya Chutkan declined to adopt it, and instead ruled to prevent only “sensitive” information from being disseminated, as Trump’s lawyers had wanted.

However, she said that Trump is still bound by release conditions and that his free speech is “not absolute” as the case proceeds, meaning the former president is still prohibited from witness intimidation.

“The fact that he is running a political campaign currently has to yield to the administration of justice,” Chutkan said. “And if that means he can’t say exactly what he wants to say in a political speech, that is just how its going to have to be.”

  Post.News
...but hey, do what you want...you will anyway, she may as well have said.
If those kinds of statements are made, she said, "I will be scrutinizing them very carefully."

And she rejected a proposal by Trump's lawyers to allow a broad swath of people working with the defense team to view the discovery materials. Chutkan said "unindicted coconspirators" could have access to these materials under the defense's broad definition. "I live in Washington, anyone is a consultant," she said.

  NPR
I hope she made clear to him where the line is.

UPDATE 12:35 pm:


Yikes.  Trump's attorneys may have to work on Fridays.


More reporting on this first hearing.

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