Aug. 11 (UPI) — U.S. District Judge Tanya Chutkan on Friday warned former President Donald Trump against making inflammatory statements in his election subversion conspiracy case, adding that his First Amendment rights are not absolute.
“I intend to ensure the orderly administration of justice in this case as I would with any other case,” Chutkan said. “The more a party makes inflammatory statements about this case which could taint the jury pool or intimidate potential witnesses, the greater the urgency will be that we proceed to trial to ensure a jury pool from which we can select an impartial jury.”
Chuktan said in the case’s first hearing that the “existence of a political campaign” wouldn’t weigh on her decisions and that Trump’s bid to return to the White House shouldn’t override the “orderly administration of justice.”
“If that means he can’t say exactly what he wants to say about witnesses in this case, then that’s how it’s going to be,” she said.
Chutkan vowed to take “whatever measures are necessary to safeguard the integrity of these proceedings.”
Trump is trying to become president again as he’s being tried for abusing his presidential powers in an illegal conspiracy to overturn the legitimate results of the 2020 presidential election.
“The purpose of the conspiracy was to overturn the legitimate results of the 2020 presidential election by using knowingly false claims of election fraud to obstruct federal government function by which those results are collected, counted and certified,” the government indictment in the case said.
Special Counsel Jack Smith is seeking a protective order from the judge to stop what Smith called “improper dissemination or use” of evidence, citing social media posts from Trump attacking prosecutors and law enforcement.
“All the proposed order seeks to prevent is the improper dissemination or use of discovery materials, including to the public,” Smith wrote in the court filing requesting the order. “Such a restriction is particularly important in this case because the defendant has previously issued public statements on social media regarding witnesses, judges, attorneys, and others associated with legal matters pending against him.”
Judge Chutkan said Friday that a full ruling on the protective order request is still forthcoming.
Trump says there should be no court-imposed limit on his public sharing of evidence in the case alleging he committed felony conspiracy to overturn the 2020 presidential election.
“I will talk about it. I will. They’re not taking away my First Amendment right,” he said.
The government indictment of Trump alleges that the former president criminally conspired “against the right to vote and to have one’s vote counted.”
If Chutkan decides to issue a protective order, it would govern how both sides can publicly disclose evidence.
Prosecutors have said they stand ready to provide Trump’s defense team with all the evidence but want the judge to issue a protective order on how that evidence will be handled first.
Concerns have been raised about the impact incendiary public statements from Trump can have on his followers and that they could have a “harmful chilling effect on witnesses.”
