According to Mediate, Federal District Judge Tanya Chutkan issued a stern warning to former President Donald Trump during a heated hearing, cautioning him against making statements that could potentially intimidate witnesses or taint the jury pool. This warning comes as Trump faces trial on his indictment by Special Counsel Jack Smith’s grand jury, stemming from allegations of attempting to overturn the 2020 presidential election prior to and on January 6, 2021.
The charges brought against Trump encompass conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an attempt to obstruct an official proceeding, and conspiracy against rights.
During the contentious hearing, which revolved around the protective order sought by Smith’s legal team, Judge Chutkan’s comments were closely monitored and reported by CNN in real time. While she indicated that the eventual order might be narrower than what Smith’s team was seeking, Judge Chutkan was unequivocal in addressing Trump directly, making it clear that his speech would be scrutinized for any potential intimidation of witnesses.
Lauro, a representative of Trump’s legal team, proposed a hypothetical scenario where Trump references something from his personal memory that is also evidence in the case during a political speech or debate. Judge Chutkan swiftly responded, emphasizing that the administration of justice takes precedence over political pursuits. She underscored that even if it meant curbing his political speech, Trump’s responsibility to ensure a fair trial and prevent witness intimidation is paramount.
Judge Chutkan’s stance remained unwavering, dismissing arguments that Trump’s political campaign activities should take precedence over the ongoing criminal case. She emphasized that Trump, as a criminal defendant, must adhere to the same constraints as any other individual facing legal proceedings.
“No one disagrees that any speech that intimidates a witness would be prohibited, what we are talking about is fair use of information,” Lauro said at one point, putting forward a hypothetical that Trump is publicly remarking on something from his personal memory that is also evidence in the case.
“The fact that he is running a political campaign currently has to yield to the administration of justice,” the judge said. “And if that means he can’t say exactly what he wants to say in a political speech, that is just how it’s going to have to be.”
Lauro put forward a hypothetical of Trump making a statement while debating his former Vice President Mike Pence – who is also running for the White House now and is a key witness in the criminal case – that overlapped with what’s in discovery.
The judge wasn’t sold.
“He is a criminal defendant. He is going to have constraints the same as any defendant. This case is going to proceed in a normal order,” Chutkan said.
“You are conflating what your client needs to do to defend himself and what he wants to do politically,” she told him. “And what your client does to defend himself has to happen in this courtroom, not on the internet.”
