Trump’s team «won the battle» over the scope of the protective order but «they’re losing the war,»: attorney.
The federal judge presiding over former President Donald Trump’s criminal case in connection to his efforts to overturn the results of the 2020 election on Friday set the guidelines for handling evidence ahead of trial.
U.S. District Court Judge Tanya Chutkan agreed with Trump’s attorneys to only issue a protective order regarding «sensitive» evidence in the case but rejected their bid to allow Trump to publicize details about interviews from witnesses in the cases, deeming them «sensitive.»
«You start releasing interview transcripts, what do you think is going to happen to those witnesses?» she asked Trump’s attorney John Lauro during the proceedings.
Chutkan also narrowly delineated the potential pool of people who can view the sensitive evidence, ultimately dismissing a proposal from Trump’s defense team to permit consultants and unpaid volunteers to see the materials.
«I live in Washington: Anyone is a consultant,» Chutkan said.
National security attorney Bradley Moss noted the «irony of Trump’s team getting their preferred version of the protective order is that Judge Chutkan is now designating a lot of stuff as sensitive under that order.»
«So they won the battle but are losing the war,» he tweeted.
In establishing the rules, Chutkan said she struck a careful balance between Trump’s constitutional rights with other concerns for ensuring a fair trial and an untainted jury pool. She made clear that she had no intention of unilaterally acquiescing to federal prosecutors’ demands, or showing Trump any special treatment as both a former president and GOP primary frontrunner, noting at the start of the hearing that while Trump has a right to free speech, «that right is not absolute.»
Her order resolves some disagreements between Trump’s defense and special counsel Jack Smith’s team regarding the scope of a protective order governing how evidence is shared before trial, which is a routine feature of criminal cases.
