Judge Sides with Trump Over Jack Smith in Jan. 6 Case

Judge Sides with Trump Over Jack Smith in Jan. 6 Case

Mr. Trump, like any American, has a right to free speech… ~ Judge Tanya Chutkan


A federal judge on Friday ruled in favor of Donald Trump, denying Special Counsel Jack Smith’s request for a protective order which would have limited the former president’s remarks in the lead-up to the 2024 elections.

U.S. District Judge Tanya Chutkan determined that the prosecutors did not provide sufficient grounds for the protective order. However, she cautioned Trump to be prudent with his comments and disclosures regarding the case.

“Mr. Trump, like any American, has a right to free speech,” Chutkan said. “But that right is not absolute.”

“In a criminal case such as this one, the defendant’s free speech is subject to the rules,” she added.

Judge Chutkan then scolded Donald Trump for his alleged discussion of the trial on social media.

“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.

The judge then stipulated what is to be considered sensitive materials in the case.

“Upon conclusion of all stages of this case, all Sensitive Materials and all copies made thereof shall be destroyed or returned to the United States, unless otherwise ordered by the court,” the judge decided. “The court may require a certification as to the disposition of Sensitive Materials; provided, however, this paragraph shall not apply to any work product, notes, or other documents.”

The United States may designate the following materials it produces to defense
counsel as “Sensitive Materials”:

  • Materials containing personally identifying information as identified in Federal Rule of Criminal Procedure 49.1;
  • Rule 6 materials, including grand jury subpoena returns, witness testimony, and related exhibits presented to the grand jury;
  • Materials obtained through sealed search warrants and 2703(d) orders; Sealed orders obtained by the Government’s filter team related to this case;
  • Recordings, transcripts, interview reports, and related exhibits of witness
    interviews; and
  • Materials obtained from other governmental entities.

“The Government shall indicate to defense counsel, in discovery correspondence or otherwise, which materials constitute Sensitive Materials prior to or concurrent with disclosure,” the judge added.

This decision followed Trump’s statement on TRUTH Social, stating, “IF YOU GO AFTER ME, I’M COMING AFTER YOU!” The Trump campaign clarified that the post targeted political groups and not case witnesses.


(TLB) published this article from Becker News as compiled and written by Kyle Becker

About Kyle Becker

Kyle Becker is Becker News CEO. Former Writer & Associate Producer at Fox News for #1 top-rated prime-time cable news show. Former Director of Viral Media and Senior Managing Editor for award-winning startup website IJReview, which grew to a readership of 20-30 million Americans a month. Led editorial and social media team that was #1 ranked news & politics publisher on Facebook. Writer whose thousands of digital articles have been read by over 100 million unique users.

Header featured image (edited) credit: Smith/Trump/org. BN article

Emphasis added by (TLB)



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