Conservative News Daily

Obama-appointed judge limits Trump’s access to evidence in Jan. 6 trial, emphasizes free speech limits.

Friday was a mixed bag of a day for former President Donald Trump.

U.S. District Judge Tanya​ Chutkan, who is‌ overseeing special counsel​ Jack Smith’s ongoing 2020 election meddling case against Trump, actually ultimately agreed with Trump’s defense attorneys on a key issue.

Namely, Trump’s legal ‌team was arguing that​ the prosecutors’ request for the former president ⁣to​ effectively be⁢ muzzled was a step too far.

According to the Associated Press,‌ on Aug.‌ 4,‍ prosecutors asked Chutkan to ⁣issue a protective order concerning evidence in the ongoing case.

At the time, they argued that ​Trump could wield ⁢outsized ⁣influence ⁢if he were to post on social media about‌ “witnesses, judges, attorneys, and others associated with legal matters pending against him.”

Now, the bad news ⁣for⁢ Team Trump: ‍Despite Chutkan’s agreement with‍ Trump’s‌ legal team, she also‍ agreed with the prosecutors that certain “sensitive​ materials” should not ‌make their​ way to ⁣public discourse.

And the kicker: Chutkan is allowing the prosecution to dictate the terms of what is ⁣“sensitive” and what is not.

In short, the ⁣prosecution is ‌still largely getting what it wants (according⁣ to Forbes, the prosecutors wanted “a much ‍broader protective order” that Chutkan rejected), because they⁣ are effectively setting the‌ terms of this “more limited” ⁢protective order.

Perhaps just as concerning for Trump’s legal team, however, ‍is the actual rhetoric Chutkan used⁢ when addressing the court.

She noted that while Trump, “like every ⁤American,⁤ has a First ⁣Amendment right to free speech,” ⁤that right is “not absolute” and in cases such as these, “free speech is subject to the‌ rules.”

As Forbes described, that specific line appeared to be⁢ “a direct ⁣repudiation” of the argument ​being made by Team Trump that any ⁣protective⁢ order against him would be a violation of his First-Amendment rights.

Chutkan also didn’t⁣ mince ⁣words when it came to how these legal proceedings could interfere‍ with Trump’s ongoing bid for re-election.

She told Trump’s team ⁢that it “has to yield” to the legal proceedings, 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.”

All parties are set to reconvene on ⁣Aug. 28, when they will attempt to⁣ hammer out a trial start date.

That meeting ⁢has the⁤ potential to be tumultuous, given that Smith’s proposed start date of Jan. ⁣2, 2024,  has been a source of much frustration from Trump.

In an ⁣ironic twist, the former president actually called that start date “election interference” because⁢ of how close⁣ it is⁢ to the GOP primary​ caucuses in Iowa‍ —⁤ the “real” start to GOP primary season.

Further adding to Trump’s woes, Chutkan, who was appointed by former President Barack Obama in 2014, is ⁣described by the AP as “the‍ toughest punisher” when it comes to all matters related to Jan.‍ 6,⁣ 2021.

Trump has pleaded not⁣ guilty to the four criminal charges related to Smith’s ongoing investigation into the former president’s alleged efforts to subvert the 2020⁢ election.

The post Free‍ Speech ‘Not Absolute,’ Obama Judge Admonishes Trump While Limiting His Access to Sensitive ⁢Evidence in Jan.⁣ 6 Trial appeared first on The Western Journal.



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