2023-08-11 22:02:00
Not even Donald Trump can say what he wants when he is charged. He is no different from other citizens.
Judge Tanya Chutkan, in charge of the case against the former president in Washington federal court for the alleged conspiracy against the 2020 election result, limited what the defendant can say about the case. His right to freedom of expression “is not absolute” and, the magistrate stressed, the protection of the integrity of the judicial process must be weighed, regardless of his status as a political candidate. She warned that “inflammatory statements” can carry the consequence of speeding up the trial.
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“Incendiary statements” can carry the consequence of speeding up the trial
Chutkan heard this Friday the arguments of the prosecution’s request for a protection order to prevent Trump, who did not attend the hearing, publicly reveal evidence of this matter. On the contrary, Trump’s defense lawyers replied that this measure would go against the constitutional rights of the accused.
“Trump, like every other citizen, has a first amendment right to free speech, but his right is not absolute. In a criminal case like this, the defendant’s freedom of expression is subject to the rules,” the judge replied.
“Without a protection order, any party can spread information and contaminate potential jurors, intimidate witnesses or others involved in some aspect of the case, or interfere with the process,” he insisted.
Former US President Donald Trump appeared at the Washington airport after going to court, a few days ago
Alex Brandon / LaPresse
Nor did he forget the context in which this case occurs. “The fact that he is on the electoral campaign is not a protection against the administration of justice,” recalled the judge, remarking that this job is like that carried out by any other citizen with legal problems.
“And if this means you can’t say exactly what you want to say about witnesses in a political speech, that’s how it’s going to have to be,” he reiterated.
“I cannot and will not take into account in my decision what effect it will have on a political campaign for either side,” he stressed. “Your client’s defense must take place in this room, not on the internet,” she stressed. “I will take any measure necessary to preserve this case, in which it is necessary to proceed normally and protect integrity, which means placing limits on the defendant’s speeches,” he reiterated.
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The magistrate accepts that Trump consult the documents
However, the judge also did not support the broad order requested by the prosecution regarding the disclosure of information, but gave a good part of its guidelines.
The magistrate accepted that Trump has the ability to consult the documents, but warned him against disclosing their content. If he talks about these inside things, whether he has learned them directly from the proceedings or from another source, and this interferes with the administration of justice or intimidates and harasses witnesses, the judge will take action. She cited one: speeding up the oral hearing, which Trump fears. The prosecutor has proposed that it begin on January 2.
At the origin of the tax petition is a post by Trump on his social network that sowed alarm in the public prosecutor’s office. “If you come for me, I will go for you,” he wrote, in a clear threat against those involved in the legal case.
The E. Barrett Prettyman US Courthouse in Washington
Mandel NGAN/AFP
Prosecutors expressed concern that the former president could air secret information received by the grand jury, which approved the charges against Trump. And, above all, Smith stressed that this type of comment could have “a chilling deleterious effect on witnesses.”
In other words, that they felt intimidated, such as former Vice President Mike Pence, who on that day of January 6, as president of the Senate, remained faithful to what the Constitution establishes and disobeyed Trump’s suggestion to prevent the ratification of Biden and impose his will.
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It is the first hearing in which the lawyers appear before Judge Chutkan
Pence testified in this investigation and emerges as one of the main prosecution witnesses, in addition to the fact that he has lately insisted, as he did this Friday in Iowa, that what Trump asked of him was totally illegal. This has meant that, since the accusation came out, the current leader in the Republican polls ahead of the 2024 elections has put his former friend in the crosshairs of his insults and threats. The fascists have already asked to “hang” Pence, and set up a scaffold, that tragic day in January 2021.
This hearing was the first in which the attorneys appeared before Judge Chutkan, a President Barack Obama appointee who has been randomly dealt with this matter. The magistrate has earned a severe reputation for being one of the toughest in punishing those accused of participating in the attempted coup on January 6.
Even on one occasion, in which Trump’s lawyers demanded that the delivery of documents to the bipartisan commission that investigated the capture of the Capitol be blocked, the judge answered no and did so emphatically: “Presidents are not kings and the Applicant is not President.
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