Judge Chutkan: Trump’s Right To Free Speech Is ‘Not Absolute’

By Red Painter — August 11, 2023

Donald Trump's legal team had their first hearing in front of Judge Chutkan on Friday, focusing on the DOJ's motion for a protective order regarding witness tampering, jury tampering and evidence related to the January 6th case. Judge Chutkan drove a very middle of the road hearing, with decisions that favored both sides, but in the end, her warnings were very strict for Donald Trump. And chances are, he will violate them by the end of the weekend.

Judge Chutkan is known for being a by-the-book, orderly and very fair judge. She started the hearing at 10am on the dot. CNN reports that she began the hearing "noting that while Trump’s rights as a criminal defendant would be protected, his First Amendment right to free speech was not absolute." She added "In a criminal case such as this one, the defendant’s free speech is subject to the rules."

Court comes before politics:

CHUTKAN warns TRUMP:

"What the defendant is currently doing [running for office] ... has to yield to the orderly administration of justice."

"That's how it's going to have to be," she says.

— Steven Portnoy (@stevenportnoy) August 11, 2023

No politics:

CHUTKAN: "I intend to keep politics out of this."

— Steven Portnoy (@stevenportnoy) August 11, 2023

Warning to Trump:

CHUTKAN WARNS TRUMP:

If he makes statements that cross a line into witness intimidation, she will be "scrutinizing them very carefully."

— Steven Portnoy (@stevenportnoy) August 11, 2023

Another warning to Trump:

MORE CHUTKIN warnings to LAURO:

"To the extent your client wants to make statements on the internet, they have to yield to witness safety and witness security."

— Steven Portnoy (@stevenportnoy) August 11, 2023

Mention of RELEASE conditions!:

MORE CHUTKIN: "I could see the possibility for a lot of problems here. ... I could see how in advance of trial, [Trump could make a statement] that is going to -- in and of itself-- going to affect the orderly admin of justice ... and could run afoul of his release conditions."

— Steven Portnoy (@stevenportnoy) August 11, 2023

WOW:

"He is a criminal defendant!" CHUTKAN reiterates. "He is going to have restrictions."

"This case is proceeding in the normal order," the judge adds.

— Steven Portnoy (@stevenportnoy) August 11, 2023

LOL, sure Jan gif dot com:

LAURO insists TRUMP will "scrupulously abide by his conditions of release."

— Steven Portnoy (@stevenportnoy) August 11, 2023

Witness safety concerns:

Throughout, CHUTKAN has echoed prosecutors' concerns about witness intimidation and insisted that despite Trump's status and rights as a candidate, as a defendant, his statements must "yield to the orderly administration of justice," including concerns about witness safety.

— Steven Portnoy (@stevenportnoy) August 11, 2023

DOJ wants a babysitter for Trump, Lauro does not. Judge splits the baby:

CHUKAN rules that TRUMP need *not* have a lawyer sitting next to him while he is reviewing sensitive grand jury material.

BUT...

He can't take any notes on them, or have with him any electronic device that would allow him to photograph or make copies of such material.

— Steven Portnoy (@stevenportnoy) August 11, 2023

BIG warning from the judge:

CHUTKAN says she will take special care to ensure there is not a "carnival atmosphere" around the trial.

She quotes an age-old precedent that "legal trials are not like elections to be won through the use of the meeting hall, the radio and the newspaper."

— Steven Portnoy (@stevenportnoy) August 11, 2023

If Trump keeps talking (which he will), that speaks to moving the trial up sooner:

CHUTKAN WARNS TRUMP:

"The more a party makes inflammatory statements ... the greater the urgency will be that we proceed to trial *quickly* ... to ensure an impartial jury."

— Steven Portnoy (@stevenportnoy) August 11, 2023

She added: “It is a bedrock principle of the judicial process in this country that legal trials are not like elections, to be won through the use of the meeting hall, the radio and the newspaper. This case is no exception."

Trump’s lawyer John Lauro assured the judge: “President Trump will scrupulously abide by his conditions of release.”

SURE.

The special counsel wants to start the trial on January 2, 2024. Based on the speed in which the judge responded to the protective order motion, and her warnings about the need to expedite the trial if Trump keeps talking, it is a solid bet that the DOJ may get closer to the date they want.