The federal judge overseeing former President Trump's case regarding his alleged involvement in the attempt to overturn the 2020 presidential election has issued a protective order limiting the use and disclosure of "sensitive" after prosecutors sought to narrow down a set of restrictions the 45th president can share about the case.
On Friday, U.S. District Judge Tanya Chutkan took sides with Trump after disagreeing with an order proposed by Special Counsel Jack Smith that would have prevented the "improper dissemination or use" of all evidence turned over to Trump's lawyers before the trial.
The former president's lawyers argued that only "sensitive" information should be concealed.
According to the five-page protective order issued by Chutkan, "The defendant and defense counsel shall not disclose Sensitive Materials or their contents directly or indirectly to any person or entity other than persons employed to assist in the defense, persons who are interviewed as potential witnesses, counsel for potential witnesses, and other persons to whom the court may authorize disclosure."
The judge ruled that the order would only apply to "sensitive" material and not everything discovered, such as material found through personally identified information, grand jury subpoena returns, witness testimony, and information obtained through sealed search warrants. The order goes against what the federal government had requested.
She also warned Trump and his lawyers to be careful to make public statements that could potentially intimidate witnesses or future jurors that would create a "carnival atmosphere" regarding the case.
"Mr. Trump, like every American, has a First Amendment right to free speech. But that right is not absolute," Chutkan concluded.
Additionally, the judge said Trump is not allowed to have any device, such as a smartphone, that can photocopy and record with him if he reviews the information without his lawyers present.
Last week, Trump pleaded not guilty to the third politically motivated indictment against him this year.
Trump's lawyers argued the Left was attacking the former president's First Amendment rights— significantly ahead of a historic presidential election year.
"In a trial about First Amendment rights, the government seeks to restrict First Amendment rights," Trump's lawyers said in a court filing. "Worse, it does so against its administration's primary political opponent, during an election season in which the administration, prominent party members, and media allies have campaigned on the indictment and proliferated its false allegations."
They referenced the double standard regarding Trump after President Joe Biden posted a video of himself drinking from a coffee mug featuring the "Dark Brandon" meme shared just hours before Trump's arraignment, claiming it was a "thinly veiled reference to" the 45th president's prosecution.
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