Judge Warns Trump Against Intimidating Witnesses — Even If ‘He Can’t Say Exactly What He Wants In A Political Speech’

Federal District Judge Tanya Chutkan warned ex-President Donald Trump at a hearing Friday he must not make statements that could intimidate witnesses or taint the jury pool even “if that means he can’t say exactly what he wants to say in a political speech.”

Judge Chutkan is presiding over Trump’s trial on his indictment by Special Counsel Jack Smith’s grand jury for his attempt to overturn the 2020 presidential election before and on January 6, 2021.  Trump faces charges of conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an attempt to obstruct an official proceeding, and conspiracy against rights.

At Friday’s contentious hearing over the protective order that Smith’s team is seeking, CNN provided up-to-the-minute updates that included the judge’s remarks during the proceeding.

While Judge Chutkan signaled an order that would be narrower than Smith’s team wanted, she was unequivocal in warning Trump she would be paying close attention to his speech nonetheless:

“No one disagrees that any speech that intimidates a witness would be prohibited, what we are talking about is fair use of information,” Lauro said at one point, putting forward a hypothetical that Trump is publicly remarking on something from his personal memory that is also evidence in the case.

“The fact that he is running a political campaign currently has to yield to the administration of justice,” the judge said. “And 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.”

Lauro put forward a hypothetical of Trump making a statement while debating his former Vice President Mike Pence – who is also running for the White House now and is a key witness in the criminal case – that overlapped with what’s in discovery.

The judge wasn’t sold.

“He is a criminal defendant. He is going to have constraints the same as any defendant. This case is going to proceed in a normal order,” Chutkan said.

“You are conflating what your client needs to do to defend himself and what he wants to do politically,” she told him. “And what your client does to defend himself has to happen in this courtroom, not on the internet.”

The judge also signaled that she, like the prosecutors, would like to move the case along.