Trump indicted on four counts - attempt to overturn election

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The federal judge overseeing the case against former President Donald Trump related to the 2020 presidential election issued a protective order Friday limiting the use and disclosure of "sensitive" material moving forward, imposing a narrower set of restrictions than prosecutors had sought.

At a hearing in federal court in Washington on Friday, U.S. District Judge Tanya Chutkan said she disagreed with the scope of an order proposed by special counsel Jack Smith last week that would have prevented the "improper dissemination or use" of all evidence that is turned over to Trump's lawyers before the trial.

Instead, she agreed with Trump's legal team, who argued that only "sensitive" information should be kept under wraps.

But Chutkan sided with prosecutors on several details related to the order, including a request that all recordings, transcripts and reports of witness testimony should be considered "sensitive" information. She also gave the government wide latitude to decide which records should be considered sensitive and thus restricted.

Chutkan also accepted prosecutors' request that Trump's lawyers review any notes he takes about sensitive material to ensure they don't include personal identifiable information. She denied a request from Trump's team to broaden the number of people who could have access to the discovery material.

During the hearing, Chutkan said that Trump has a First Amendment right to free speech, but acknowledged that right "is not absolute." She said Trump is subject to the conditions of his release that were imposed at his arraignment last week, including rules preventing witness intimidation.

The protective order
The terms discussed during the hearing were laid out in the five-page protective order issued by Chutkan hours after the proceeding concluded, in which the judge formally granted in part and denied in part the special counsel's proposal.

The order governs the disclosure of material collected by the government in its case against Trump, which centers around his alleged efforts to stop the transfer of presidential power after he lost the 2020 election. He pleaded not guilty to four federal charges last week and denies any wrongdoing.

Friday's order makes clear that it "does not apply to information or records that are publicly available independent of the Government's productions, nor does it apply to information or records which the defendant or defense counsel came into possession by independent means, unrelated to the discovery process.

It specifies several categories of "sensitive materials" that can only be used by Trump, his lawyers and potential witnesses in connection with the defense and cannot be publicly disclosed. They include materials containing personally identifying information; grand jury subpoena returns and witness testimony; information obtained through sealed search warrants and orders for electronic communications; and materials obtained from other governmental entities.

It also imposes rules governing Trump's access to the sensitive materials. Chutkan said Trump can't have any device that can photocopy and record, such as a smartphone, with him if he reviews the information without his lawyers present.

The order requires the former president's lawyers to ensure all sensitive materials are "collected and safeguarded" when he is done reviewing them.

2 right wing federalist society law professors absolutely torch trump:

https://fb.watch/mnsNkdjZ2e/?mibextid=uEQos9

Cliffs: trump’s an insurrectionist and should be prohibited from holding office. Their paper may end up being used against him in court.

The judge overseeing former President Donald Trump’s election interference case in federal court set a trial date for March 4, 2024, a schedule that could have a crucial impact on the 2024 race for the White House.

U.S. District Judge Tanya Chutkan's decision sets the trial in the middle of the Republican presidential primaries and the day before Super Tuesday.

During a hearing on Monday, Chutkan heard arguments from Trump's lawyers and federal prosecutors about when the case could be set for trial. Special counsel Jack Smith proposed that the trial start in January, with jury selection beginning in December of this year, while Trump’s team said the trial should be pushed back until April 2026, after the presidential election.

"These proposals are obviously very far apart," Chutkan said Monday. "Neither of them is acceptable.”

Chutkan said that Trump will have to prioritize the trial and that she wouldn't change the trial schedule based upon another defendant's professional obligations, say, for a professional athlete.

The public has an interest in the fair and timely administration of justice, Chutkan said. Trump's lawyer said that going to trial next year would violate the former president's rights, noting the millions of pages of discovery that prosecutors have turned over.

“This is a request for a show trial, not a speedy trial,” Trump lawyer John Lauro said of the special counsel's proposed schedule. “Mr. Trump is not above the law, but he is not below the law."

After Chutkan made her ruling, Lauro stood to make an objective on the record and state that Trump’s defense team will not be able to adequately represent their client with that trial date. Chutkan noted his objection and moved on.

Earlier in the hearing, Chutkan said that while the special counsel team's proposal was too soon, Trump's proposal of 2026 wasn't reasonable. “Discovery in 2023 is not sitting in a warehouse with boxes of paper looking at every single page,” Chutkan said.

“This case is not going to trial in 2026,” Chutkan said. She pointed out that Trump's team has had time to prepare already; the public has known about the existence of the grand jury investigating Trump since September 2022 and the identity of many of the witnesses has been known.

Trump did not and was not required to attend Monday's 10 a.m. hearing at the E. Barrett Prettyman U.S. Courthouse, which overlooks the site of some of the most brutal violence at the Capitol on Jan. 6, 2021.