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Old 08-11-2023, 06:51 PM
JAFF JAFF is offline
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https://www.cnn.com/politics/live-ne...-23/index.html

Quote:


In a hearing Friday, US District Judge Tanya Chutkan set the tone for how she will preside over the 2020 election subversion case against former President Donald Trump.

Chutkan kicked off the hearing – the first in the case before her and one that took place in her courtroom at DC federal courthouse – noting that while Trump’s rights as a criminal defendant would be protected, his First Amendment right to free speech was “not absolute.”

The hearing focused on what limits would be placed on how the former president can handle the evidence prosecutors will be turning over to him.

“In a criminal case such as this one, the defendant’s free speech is subject to the rules,” she said.
The judge closed the hearing with a promise that the case would advance like any normal proceeding in the criminal justice system, but warned that the more “inflammatory” statements were made by a party, the quicker she would need to move toward a trial to preserve a fair jury.

“It is a bedrock principle of the judicial process in this country,” she said, while quoting precedent, “that legal trials are not like elections, to be won through the use of the meeting hall, the radio and the newspaper.”

“This case is no exception,” she said.

Over the course of the proceedings, she expressed some skepticism to the arguments made by the office of special counsel Jack Smith, siding with Trump on at least a few matters related to the protective order over evidence that was the subject of Friday’s hearing. Addressing a submission from the government that she refused to let be filed under seal, she also emphasized a need for public transparency into the docket.

The hearing, roughly an hour and 40 minutes long, was the first in the case before Chutkan. She has already shown a habit of responding quickly and tersely on the docket to debates between the parties over scheduling. An Obama appointee and former public defender who has overseen several cases regarding the events of January 6, 2021, Chutkan has been outspoken about the harm the US Capitol attack caused to American democracy.

Chutkan later issued a protective order barring Trump from publicly disclosing sensitive information in the case.

Trump pleaded not guilty to four criminal charges related to his efforts to overturn the 2020 presidential election last week, and the judge cautioned lawyers for Trump, who did not attend the hearing, about any public statements by their client that could possibly intimidate of witnesses.
That is why a judge can limit someones speech.
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