The U.S. judge overseeing Donald Trumpā€™s prosecution for allegedly criminally conspiring to overturn Joe Bidenā€™s election victory said that while every American has a First Amendment right to free speech, it is ā€œnot absoluteā€ and that even the former presidentā€™s campaign statements must yield to protecting the integrity of the judicial process.

In her first hearing over Trumpā€™s federal case in D.C., U.S. District Judge Tanya S. Chutkan said that ā€œthe fact that he is running a political campaignā€ will have no bearing on her decisions and ā€œmust yield to the orderly administration of justice.ā€

ā€œIf that means he canā€™t say exactly what he wants to say about witnesses in this case, then thatā€™s how itā€™s going to be,ā€ Chutkan said Friday, repeatedly warning the former president and his defense about limits on what he can potentially reveal about government evidence in the case. ā€œTo the extent your client wants to make statements on the internet, they have to always yield to witness security and witness safety.ā€

ā€œI caution you and your client to take special care in your public statements about this case,ā€ the judge said after the 90-minute hearing, ā€œI will take whatever measures are necessary to safeguard the integrity of these proceedings.ā€

Chutkanā€™s warnings laid down an early marker in the case, even as she settled a fight between the sides over a protective order needed to speed the prosecutionā€™s handover of materials and the courtā€™s setting of a trial date, which special counsel Jack Smithā€™s team has proposed for Jan. 2.

In the hearing, Chutkan rejected the governmentā€™s request for a blanket protective order limiting sharing of all evidence released in the case. However, she mostly sided with prosecutors in granting them leeway to define ā€œsensitiveā€ materials subject to greater protections, adding that Trumpā€™s defense had agreed to similar conditions in his pending special counsel prosecution in Florida on charges of mishandling classified documents and obstruction.

  • AnonTwo@kbin.social
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    11 months ago

    I feel like ā€œThreatening the life of othersā€ falls under the same category as Crying fire in a theater. You canā€™t claim first amendment when youā€™re actively endangering others.

    • Thepinyaroma@lemmy.world
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      11 months ago

      Exactly. This wouldnā€™t even be a blip in the news if he werenā€™t a former president. Judges lock people up for contempt all the time for way less than heā€™s already said.

      Most sane people agree you canā€™t tamper with witnesses or threaten prosecutors (or anyone). He just has a loud cult of rabid defenders who would believe the sky was purple if he said it.

      • athos77@kbin.social
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        11 months ago

        Unfortunately, he has a cult of rabid followers who will try to get rid of anyone he labels ā€œa priestā€, leaving him to claim that he never did nothing, yer honor, I swears. Just like a mob boss, or Henry II.

    • ristoril_zip@lemmy.zip
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      11 months ago

      Unfortunately itā€™s actually constitutional to tell ā€œfireā€ in a crowded theater šŸ˜ž

      https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_theater

      Check out ā€œlegacyā€

      Ultimately, whether it is legal in the United States to falsely shout fire in a theater depends on the circumstances in which it is done and the consequences of doing it. The act of shouting fire when there are no reasonable grounds for believing one exists is not in itself a crime, and nor would it be rendered a crime merely by having been carried out inside a theatre, crowded or otherwise. However, if it causes a stampede and someone is killed as a result, then the act could amount to a crime, such as involuntary manslaughter, assuming the other elements of that crime are made out.

      • SlowNoPoPo@lemm.ee
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        11 months ago

        So what youā€™re saying is we have to wait until his cries cause actual harmā€¦ Like Jan 6

        So being tried for doing this already, and heā€™s doing it running up to his trial, weā€™re supposed to wait for whatā€¦ a judge to die? Then we can charge him again but still not be able to censor him?

        • ristoril_zip@lemmy.zip
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          11 months ago

          No I was just sharing my picayune knowledge of the ā€œfire in a crowded theaterā€ trope.

          If Trump does things that can be seen as a threat or attempt to intimidate, he can be punished for it. He can have his ability to contact the outside world curtailed.

          For better or worse we donā€™t have ā€œpre crimeā€ in America. He has to either do a crime or attempt to do a crime before we can sanction him.

  • nothing@lemm.ee
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    11 months ago

    How long before he breaks this? And what units should we measure this in: weeks, days, hours?

    • Mic_Check_One_Two@reddthat.com
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      11 months ago

      Iā€™m honestly looking forward to watching him clamor to get in front of a news camera to break the order.

      We all know from the E. Jean Carroll case that heā€™s physically incapable of stopping himself from talking shit. Because the very first thing he did after losing that defamation case was jump in front of a news camera and defame her again.

      At a certain point, the lawyers will simply need to resort to documenting all of their communications with Trump, so they can start distancing themselves with the ā€œagainst the advice of legal council, our clientā€¦ā€ lines. Basically make it abundantly clear that when Trump breaks the order, that he has been warned and that the lawyers tried to stop him. Because if Trump tries to say that his lawyers okayed it, theyā€™ll also be in some deep shit.

      • athos77@kbin.social
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        11 months ago

        Oh, they already document their meetings. Some have resorted to recording them. There was one set from like 2010 or so who refused to meet with him unless there were two of them present, so that they could be witnesses against whatever bullshit he ended up saying later on.

    • gAlienLifeform@lemmy.world
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      11 months ago

      Thereā€™s one way to do that

      e; Yeah, what @snooggums@kbin.social said

      Throw him in jail if he doesnā€™t, like the regular citizen that he is.

  • fubo@lemmy.world
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    11 months ago

    Imagine being this guyā€™s lawyer.

    ā€œSir, you are the defendant in a criminal trial. There will be witnesses testifying in that trial. You do not, in fact, have the right to threaten those witnesses to get them to do what you want them to do.ā€

    ā€œBut I wanna!ā€

    • dudinax@programming.dev
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      11 months ago

      Donny would say ā€œSure, fine, Iā€™ll keep my mouth shut.ā€ then as soon as the guy has his back turned, make the wanking gesture at him.

  • Pratai@lemmy.ca
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    11 months ago

    Oh heā€™s going to blab everything to anyone that is brain-dead enough to listen to him. Thereā€™s no fucking way that dude is even remotely capable of listening to anything anyone says that he thinks may take him out of the spotlight that he so desperately to be in to justify his treasonous bullshit.

  • AutoTL;DR@lemmings.worldB
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    11 months ago

    This is the best summary I could come up with:


    The U.S. judge overseeing Donald Trumpā€™s prosecution for allegedly criminally conspiring to overturn Joe Bidenā€™s election victory said that while every American has a First Amendment right to free speech, it is ā€œnot absoluteā€ and that even the former presidentā€™s campaign statements must yield to protecting the integrity of the judicial process.

    Chutkanā€™s warnings laid down an early marker in the case, even as she settled a fight between the sides over a protective order needed to speed the prosecutionā€™s handover of materials and the courtā€™s setting of a trial date, which special counsel Jack Smithā€™s team has proposed for Jan. 2.

    However, she mostly sided with prosecutors in granting them leeway to define ā€œsensitiveā€ materials subject to greater protections, adding that Trumpā€™s defense had agreed to similar conditions in his pending special counsel prosecution in Florida on charges of mishandling classified documents and obstruction.

    Prosecutors have proposed adopting similar rules to a recent federal criminal case in Washington, prohibiting disclosure of government-provided materials to anyone outside his legal team, potential witnesses, their lawyers or others approved by the court.

    They also sought to widen disclosure to include ā€œvolunteer attorneysā€ or others not directly employed by his lawyers, and asked Chutkan for the freedom to cite sensitive information in public court filings or hearings without prior approval as long as it was redacted.

    Chutkan has taken a firm stance toward Trumpā€™s attorneys regarding deadlines at the outset of his case ā€” declining to a grant extensions to respond to the governmentā€™s late-night Aug. 4 motion for a protective order or for setting Fridayā€™s hearing ā€” and has earned a reputation as the toughest sentencer in the federal court in Washington of defendants charged in the riot.


    Iā€™m a bot and Iā€™m open source!

  • Rottcodd@kbin.social
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    11 months ago

    Soā€¦ trying to place restrictions on someone with all the self-restraint of a two-year-old.

    This should be amusing.