Jan 6 riots: US judge issues protective order in Donald Trump’s case  

The US judge overseeing the case against former president Donald Trump in the 2020 elections ruled in favour of the former president by issuing a protective order over evidence but sided with prosecutors by broadening which material is considered “sensitive” and should be protected.

US District Judge Tanya Chutkan kicked off the hearing on Friday (Aug 11) by noting that while Trump’s rights as a criminal defendant would be protected, his First Amendment right to free speech was “not absolute.”

“In a criminal case such as this one, the defendant’s free speech is subject to the rules,” she said.

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Chuktan, who is overseeing Special Counsel Jack Smith's 2020 election meddling case against Trump, heard arguments about the protection order being sought by Smith to prevent "the improper dissemination or use of discovery materials" his team is preparing to turn over to Trump's attorneys.

These materials are necessary for Trump's attorneys to prepare a defence.

Prohibition on disclosure of sensitive materials

The judge prohibited the disclosure of a range of "sensitive" materials, including all recordings, transcripts, interview reports and related exhibits shared by the special counsel.

In the court filings, prosecutors wanted broad rules barring Trump's lawyers from sharing "sensitive" materials with the former president, including witness testimony to the grand jury and recordings and transcripts of Trump associates who spoke to prosecutors.

Trump's attorneys countered that the government's request was too broad and infringed on Trump's First Amendment rights.

Chutkan said that she was not convinced that the government showed all information gathered in the case would fall under the protective order.

She ordered that only information designated as "sensitive" should be protected. But she agreed with the government that every single person interviewed by prosecutors is a potential witness and is sensitive.

Federal prosecutor Thomas Windom said that the restrictions were necessary to prevent the "improper dissemination of materials … including to the public."

"The defendant has set forth an intention to set forth any information that they deem informative," Windom informed the judge.

"Defence has broadcast their strategy, and that is not to try this case in this courtroom, and your honour should address that," he said.

Trump's right to free speech not absolute

At the conclusion of the hearing, Chutkan cautioned Trump over public statements he has made related to the case and suggested that this could backfire by moving the case to trial even faster.

"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."

(With inputs from agencies)

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