Federal prosecutors and attorneys for former President Trump are in court Friday morning for a hearing on the prosecution’s request for a protective order in the election interference case.
Prosecutors have been seeking a protective order before turning over any evidence to Trump and his legal team. Resolving the battle could impact the case timeline: Trump’s attorneys have said they can’t suggest a trial date until seeing the scope of prosecutors’ evidence.
Special counsel Jack Smith last week told the judge overseeing Trump’s Washington, D.C., criminal case that the government is prepared to provide the former president’s attorneys with a “substantial amount of discovery,” including some to which “the defendant is not entitled at this stage of the proceedings.”
But to do so, the judge must stop Trump from engaging in “improper dissemination or use of discovery materials, including to the public,” Smith said.
Follow along here all day for updates in this matter and other Trump legal issues.
Judge enters protective order
U.S. District Judge Tanya Chutkan has entered the protective order after this morning’s hearing.
— Zach Schonfeld
Politics won’t play into trial timeline in election interference case: Judge
A federal judge in D.C. says former President Trump‘s ongoing campaign for the 2024 presidential election will have no bearing in how she handles his ongoing election interference case.
“The fact that he is running a political campaign has to yield to the administration of justice,” U.S. District Judge Tanya Chutkan said during a hearing this morning. “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.”
Read our 12:30 Report here.
Chutkan looks to satisfy concerns, find middle ground
U.S. District Court Judge Tanya Chutkan at turns sided with the Justice Department and attorneys for former President Trump in a battle over how much he can publicly discuss evidence as he faces trial for seeking to overturn the 2020 election.
Chutkan hashed out a deal that gives Trump more latitude to discuss evidence gathered in the Jan. 6 case while blocking the sharing of sensitive discovery such as witnesses testimony gathered in the case.
Hearing adjourns with judge’s warning
The proceeding has adjourned after Judge Tanya Chutkan gave a final warning to the parties about public statements they make about the case.
“The more a party makes inflammatory statements about this case … the greater the urgency will be that we proceed to trial quickly,” Chutkan said.
She also referenced a murder case in which the defendant was found to not have a fair trial due to a “carnival atmosphere.”
“I will take whatever measures are necessary to safeguard the integrity of these proceedings,” Chutkan said.
The next hearing is set for Aug. 28, when Chutkan is expected to set a trial date.
— Zach Schonfeld
11.6 million pages headed to Trump team
Prosecutors plan to turn over 11.6 million pages of documents in their first production of discovery to Trump’s legal team.
Prosecutor Thomas Windom said other discovery will be turned over in the coming weeks, with discovery being “substantially complete” by a scheduled Aug. 28 hearing.
“I can just imagine your motion for a trial date,” Judge Tanya Chutkan joked to Trump attorney John Lauro.
New protective order forthcoming
After concluding the debate over the two sides’ proposals, Judge Tanya Chutkan says she will enter a protective order based on her various rulings during the hearing.
— Zach Schonfeld
Trump can review materials — but not with electronics in hand
Judge Tanya Chutkan struck a compromise on former President Trump’s ability to review sensitive information in the case, after his attorneys expressed concerns.
She said Trump’s attorneys do not have to be with him when he reviews the materials, but if the former president is alone, he cannot have any electronics when he reviews the records.
“He cannot have access to any electronic device … anything that could reproduce or copy those materials,” she said, a nod to concerns from the DOJ that Trump might seek to photocopy evidence.
Chutkan also reiterated that Trump’s attorneys must review any notes he takes to ensure it does not contain personally identifiable information.
Chutkan’s decision came after Justice Department attorneys complained Trump has a proclivity for taking materials that do not belong to him, while Trump’s attorneys said they should not be required to “literally babysit” their client.
— Zach Schonfeld and Rebecca Beitsch
DOJ: It comes down to ‘trust in the defendant’
The Department of Justice’s Thomas Windom, in basically summarizing the entire battle over the protective order, said, “Defense counsel has trust in the defendant that the government does not.”
— Rebecca Beitsch
Chutkan backs government in request on witness information
Judge Tanya Chutkan sided with prosecutors in requiring Donald Trump’s attorneys to ensure the former president does not copy down any personally identifying information when taking notes on the covered materials.
Trump’s attorneys had requested Chutkan remove that language from the order.
Chutkan said “that obligation is imperative” to avoid intimidation of witnesses.
Jan. 6 committee gets credit
Prosecutor Thomas Windom gave a shoutout to the House’s Jan. 6 select committee, noting the panel shared nonpublic info not used in its hearings last year.
— Rebecca Beitsch
Chutkan backs government on sensitive materials
Judge Tanya Chutkan sides with government on definition of sensitive materials to block.
— Rebecca Beitsch
Sharing of witness testimony rejected
Judge Tanya Chutkan rejected a proposal by former President Trump’s team to share any witness interviews or transcripts with the public.
“I’m finding it very difficult to envision a former president engaged in a political campaign talking about witnesses who may not have the kind of protections that he has. I could see the possibility for a lot of problems here,” she said, noting Trump retains his First Amendment rights.
“But I can see how in advance of trial making public statements about potential witnesses is going to in and of itself affect the orderly administration of justice and could run afoul of his release conditions.”
— Rebecca Beitsch
Trump request to release audio scrutinized
The hearing is now shifting to whether former President Trump could release audio recordings/transcripts from grand jury witnesses.
The DOJ notes he would not be able to share 3 second audio clips or post a quote on a billboard.
— Rebecca Beitsch
Limits on release of information
Judge Tanya Chutkan also rejects another Trump proposal that would let him release info if it otherwise becomes public.
She said former President Trump can still not share any sensitive discovery on those matters.
— Rebecca Beitsch
Chutkan hesitant on Trump team’s use of volunteers
Trump attorney John Lauro pushed back on Judge Tanya Chutkan, saying, “Special counsel has over 60 lawyers working on this, and we have a small group here.”
He says they will need “more manpower” from volunteers.
Chutkan raised the issue that the same group that aided Trump in the Jan. 6 plot — volunteer attorneys at the time — might again seek to help Trump with the case.
“I cannot accept a definition that might let anyone including indictment co-conspirators to assist” and get discovery.
— Rebecca Beitsch
Trump and ‘volunteer attorneys’
Arguments in court are now shifting to whether former President Trump can share discovery info with “volunteer attorneys.”
— Rebecca Beitsch
Chutkan: DOJ wasn’t persuasive in arguments
U.S. District Judge Tanya Chutkan said she was not persuaded that prosecutors had shown good cause to require all of the discovery materials be covered under the protective order. Instead, only materials that prosecutors designate as sensitive will be covered.
“It is close,” Chutkan said.
She also emphasized that former President Trump is subject to pre-trial release conditions, including not intimidating witnesses.
If he does, “I will be scrutinizing them very carefully,” Chutkan said.
— Zach Schonfeld
Chutkan sides with Trump
Judge Tanya Chutkan said she will side with former President Trump on what discovery info must be restricted, saying Trump will only be prohibited from speaking about info deemed sensitive in the case.
Chutkan adds if Trump makes any comments that might intimidate witnesses “I will be scrutinizing those very carefully.”
— Rebecca Beitsch
Prosecutors point to Trump’s social media
Prosecutor Thomas Windom is now pointing to all the social media posts former President Trump has made about witnesses in the case.
“The government is here to prevent any use of discovery to harm the jury pool” or witnesses, he said.
— Rebecca Beitsch
Chutkan, Trump lawyer spar over campaign’s impact
U.S. District Judge Tanya Chutkan pushed back on Trump attorney John Lauro’s suggestion that Trump’s presidential campaign should impact the protective order.
“We can’t ignore the fact that it’s a campaign,” Lauro said.
He has cast prosecutors’ proposal as being overbroad and infringing on Trump’s First Amendment rights.
“The existence of a political campaign is not going to have any bearing on my decision,” Chutkan responded.
“I intend to keep politics out of this,” she added.
— Zach Schonfeld
Lauro: ‘Contempt trap’
Chutkan grilling Trump’s team on breadth of their proposal: The fact that he is running a political campaign has to yield to the orderly administration of justice, and if that means he can’t say whatever he wants about people involved in this case, “that’s how it has to be.”
Trump attorney Lauro casts DOJ proposal as a “contempt trap.”
Chutkan: “I cannot and I will not factor into my decisions the influence it will have on a political campaign on either side.”
— Rebecca Beitsch
Chutkan: ‘There are limits’
“There are limits, regardless of what is going on in, I hate to say it, his day job. This is a criminal case. The need for this criminal case to proceed in the normal order and protect witnesses and integrity of the process means there are going to be limits on the defendant’s speech.”
— Zach Schonfeld and Rebecca Beitsch
Trump’s counsel in the courtroom
Attorneys for former U.S. President Donald Trump Todd Blanche (from right), Gregory Singer and John Lauro arrive at the E. Barrett Prettyman U.S. Courthouse on Aug. 11, 2023, in Washington, DC. Blanche and Lauro attended the first hearing held by U.S. District Judge Tanya S. Chutkan on a protective order related to disclosure of government evidence in the case against Trump. (Photo by Win McNamee/Getty Images)
Chutkan questions scope
U.S. District Judge Tanya Chutkan is questioning the scope of what materials would be covered under the protective order.
Former President Trump’s attorneys want to only place rules on “sensitive” materials, but prosecutors are seeking to place restrictions on a broader set of documents they hand over.
Prosecutor Thomas Windom called it “the larger philosophical difference” between the parties.”I don’t want to issue a blanket protective order,” Chutkan said.
— Zach Schonfeld
DOJ argues Trump wants court’s ‘blessing’ to release information
DOJs Windom: “The defendant’s proposal is specifically tailored to try this case in the media,” … saying Trump is asking for the court’s “blessing” to release discovery material publicly.
— Rebecca Beitsch
Chutkan: Trump’s free speech right ‘is not absolute’
Judge Tanya Chutkan, the presiding judge in the case, said she’s “prepared to rule immediately” on some aspects of the protective order while weighing in on some other issues as quickly as possibly.
She notes protective orders are “frequently used.”
“Mr. Trump like every American has a First Amendment right to free speech, but that right is not absolute. In a criminal case such as this one, a defendant’s free speech is subject to release conditions…and must yield to orderly administration of justice.”
— Rebecca Beitsch
Attorneys arrive in court
Trump attorney Todd Blanche, seen in June.
Trump attorneys Todd Blanche, John Lauro and Gregory Singer have arrived in the Washington courtroom and are seated at the defense table.
Thomas Windom and Molly Gaston, two lead prosecutors in the case, have also arrived.
And at 10 a.m., the court proceeding has begun.
— Zach Schonfeld
Is it a gag order?
No.
A “gag order” refers to a judge barring attorneys, parties or witnesses from discussing a case with the public, according to Cornell University’s Legal Information Institute.
“The special counsel is not seeking a gag order,” said Barbara McQuade, a former U.S. attorney and current law professor at the University of Michigan. “He is instead seeking a protective order that would prevent the public disclosure of discovery material such as evidence, witness grand jury testimony and interviews.”
— Ella Lee and Zach Schonfeld
Trump team’s initial response to order
Trump’s attorneys hit back at the prosecution’s request, accusing the government of trying to hamper Trump’s First Amendment rights while he runs for president.
His attorneys argued that prosecutors are working for a Justice Department under President Biden, whom they dubbed Trump’s “primary political opponent.”
In response, Smith accused Trump’s attorneys of proposing an order designed to “allow (Trump) to try this case in the media rather than in the courtroom.”
— Ella Lee and Zach Schonfeld