WASHINGTON — The judge in Donald Trump’s Jan. 6 coup attempt case on Friday ordered him not to reveal information that prosecutors turn over to his legal team from grand jury testimony, a prohibition that likely will apply to a sizable portion of the discovery material he receives in the coming weeks.
“Sensitive materials … may be used by the defendant and defense counsel (defined as counsel of record in this case) solely in connection with the defense of this case, and for no other purpose, and in connection with no other proceeding, without further order of this court,” U.S. District Court Judge Tanya Chutkan wrote in her five-page order.
“Sensitive materials” in the case include information gathered from still-sealed search warrants as well as grand jury testimony, according to the order.
Chutkan’s written order mirrored her statements during a hearing Friday morning. Prosecutors had asked Chutkan to stop Trump from speaking about any evidence handed over to his lawyers as part of the pretrial process, while Trump had wanted the right to use all of it as he runs for the White House again.
Chutkan turned down prosecutors’ request for a blanket prohibition, but made it clear to Trump’s lawyers that his desire to run for president will not get him out of following the standard rules imposed upon felony criminal defendants in federal court. She also cautioned that she will take seriously any statements Trump makes that could be construed as intimidating a witness.
Trump a week ago posted on his social media platform, “IF YOU GO AFTER ME, I’M COMING AFTER YOU!” Prosecutors pointed it out to Chutkan in a filing hours later.
Trump, as he reviews sensitive material, also will not be permitted to have with him a photocopier or even a phone that he could use to copy or photograph documents. And if he takes notes on what he has seen, they will have to be reviewed by his lawyers to make sure they do not identify a witness.
JANE ROSENBERG via Reuters
“During any time that the defendant reviews sensitive materials outside of
defense counsel’s presence, the defendant must not have access to any device capable of photocopying, recording, or otherwise replicating the Sensitive Materials, including a smart cellular device,” Chutkan wrote. “Defense counsel must also ensure that all sensitive materials are collected and safeguarded when the defendant is no longer reviewing them.”
Chutkan also agreed to set rules for the relatively small amount of classified material that prosecutors intend to use in this case at an Aug. 28 hearing, after which she is expected to set a trial date.
In this indictment, Trump is charged with conspiring to defraud the United States, conspiring to obstruct an official proceeding, obstructing an official proceeding, and conspiring to violate civil rights. All the charges are felonies, and all are based on his actions leading up to and during his Jan. 6, 2021, coup attempt to remain in power despite losing his election.
Trump is also facing a federal prosecution in South Florida, where he is charged with retaining top-secret documents at his country club and then hiding them from authorities seeking their return. That trial is set for May, but will likely be delayed after Justice Department special counsel Jack Smith’s team charged a third defendant in the case and added two new counts against Trump.
Meanwhile, the Fulton County district attorney in Georgia is expected to file an indictment against Trump next week over his attempts to coerce elections officials into overturning his 2020 loss in that state.
Trump already faces 34 felony counts in New York City for falsifying business records to hide a $130,000 hush money payment to a porn start in the days leading up to the 2016 election. A trial in that case has been set for March.