The judge in charge of Donald Trump's trial concerning alleged attempts to overturn the 2020 election is "not messing around" after she imposed a new deadline for arguments on whether a protective order should be imposed in the case, a legal expert has said.
Lisa Rubin, an attorney and legal analyst for MSNBC, was reacting to the news that Judge Tanya Chutkan had ordered lawyers from special counsel Jack Smith's office and Trump's legal team to meet on Tuesday. The aim is to agree on two possible dates for a hearing to discuss the order, with the deadline being Friday.
Trump, the frontrunner in the 2024 GOP presidential primary, has said that issuing a proactive order—which is a standard procedure in most criminal cases—would violate his right to free speech during his latest bid for the White House. Federal prosecutors have sought the order due to reported fears that the former president may disclose information that is important to the case in his public comments.
Smith's office noted in their original request for a protective order that Trump has written social media posts targeting "witnesses, judges, attorneys" and others associated with the election interference trial. The former president has pleaded not guilty to four federal charges.
"Judge Chutkan is like, I see your briefs today and I raise you a minute order making clear I will have a hearing and it will be before this Friday, fools," Rubin posted on X, formally Twitter. "It's 9 pm, and she is not messing around."
NEW: Judge Chutkan is like, I see your briefs today and I raise you a minute order making clear I will have a hearing and it will be before this Friday, fools. It’s 9 pm, and she is not messing around.
— Lisa Rubin (@lawofruby) August 8, 2023
Chutkan's new deadline arrived after she previously gave Trump's lawyers until 5 p.m. on Monday to either accept Smith's proposed protective order or submit a revised proposal.
In their Monday court filing arguing against the motion, Trump's lawyers called for narrower limits on any protective order, suggesting that the government was seeking to restrict their client's First Amendment rights.
"Worse, it does so against its administration's primary political opponent, during an election season in which the administration, prominent party members and media allies have campaigned on the indictment and proliferated its false allegations," Trump's lawyers wrote.
In response, Smith accused Trump and his lawyers of submitting an "unreasonable" order revision so the former president can "facilitate his plan to litigate this case in the media, to the detriment of litigating this case in the courtroom."
Joshua Ritter, a criminal defense attorney in Los Angeles, said that imposing a proactive order would be a "very serious development" in the federal case, and explained how it is different to a gag order.
"A gag order has to do with speech and commenting on a case and it often revolves around concerns about tainting a potential jury pool," Ritter told Newsweek. "A protective order is a much more rock-solid order, intended to safeguard the integrity of a case. It may involve an ongoing investigation, with the judge wanting to protect the government's interest in the furtherance of that investigation.
"Many times you see protective orders used to protect the identifies or other personal information of witnesses who are involved in a case. It invokes safety concerns that go beyond the typical concerns that underlie a gag order."
Trump, who has long accused the investigation into his alleged attempts to overturn the 2020 election as being politically motivated, once again attacked the probe and Smith in a Truth Social post.
"Let's see! My political Opponent, Crooked Joe Biden, tells [Attorney General] Merrick Garland and the DOJ (Department of Justice) to indict and arrest me on bogus charges and accusations, trying desperately to steal the Election," Trump wrote.
"But that wasn't enough! He now wants Thug Prosecutor, Deranged Jack Smith, to file for a Court Order taking away my first amendment rights, SPEECH. So, based on yet another Radical Left Hoax, I'll be the only 'politician' in American history not allowed to SPEAK. THE NEVER ENDING WITCH HUNT CONTINUES. MAGA!"
The DOJ has been contacted for comment via email.
