The US judge presiding over the historic case of Donald Trump for allegedly plotting to rig the 2020 election warned him on Friday not to make “inflammatory” statements and said she would not allow a “carnival atmosphere” at his future trial.
The strong warning was issued by US District Judge Tanya Chutkan during a hearing between prosecutors and defense counsel to determine what the former president can tell publicly about the case as it advances to trial.
“I will take whatever measures are necessary to protect the integrity of these proceedings,” Chutkan said during a 90-minute hearing in a federal courthouse in downtown Washington.
“Inflammatory statements about this case which could taint the jury pool,” Chutkan said in comments directed at Trump and his attorneys, would force her to “proceed to trial quickly.”
Special counsel Jack Smith has requested that the former president’s trial begin on January 2, 2024, nearly three years to the day when Trump supporters stormed Congress in an attempt to prevent Democrat Joe Biden’s election victory from being certified.
Defense attorneys for Trump, the current Republican presidential frontrunner, are expected to request a postponement of the trial.
Chutkan, who was appointed by former Democratic President Barack Obama, will determine a date for the trial’s start at a hearing on August 28.
Trump, 77, was not present for Friday’s hearing. He has pleaded not guilty to allegations that he plotted with advisers to change the results of the 2020 election.
The judge said she would ensure that the former president’s rights “as a criminal defendant” are respected but his First Amendment free speech rights are “not absolute.”
“I also take seriously my obligation to prevent (what the US Supreme Court) has called a carnival atmosphere of unchecked publicity and trial by media,” Chutkan said.
‘I’m going after you!’
Prosecutors requested the hearing after Trump publicly revealed information about witnesses and evidence in the case.
Prosecutors highlighted a post on Trump’s Truth Social platform in which he stated, “If you go after me, I’m coming after you!”
Chutkan warned that “even arguably ambiguous statements” could be interpreted as an attempt to “intimidate witnesses or prejudice potential jurors,” forcing her to interfere.
The judge stated that Trump would be permitted to see sensitive records like witness interviews and grand jury transcripts without his legal staff present, but he would not be permitted to photograph or duplicate them.
Chutkan prompted amusement in the courtroom when she stated Trump had “shown a tendency to hold on to material he shouldn’t have” – an obvious reference to his pending prosecution in Florida for allegedly mishandling top secret government data.
Trump is being investigated in numerous jurisdictions for alleged illegal behavior before, during, and after his presidency.
He is scheduled to stand trial in Florida in May for the secret materials case, and in New York in March for alleged election-night hush money payments to a porn star.
Smith, a former war crimes prosecutor at The Hague, presented the accusations against Trump in the papers case, as well as conspiracy to defraud the United States, conspiracy to obstruct an official process, and conspiracy against the right to vote.
Trump was impeached twice while in office, first for attempting to get Ukraine to dig up political dirt on Biden, and again for allegedly inciting the 2021 attack on the US Capitol.