The judge overseeing Donald Trump's January 6 trial has set a date of Friday, August 11, for a hearing on whether to impose a protective order in the case despite the former president's lawyers claiming that day was "lost" as an option for them.
Judge Tanya Chutkan has set a time of 10 a.m. on Friday for the first pretrial hearing in the case of Trump's alleged efforts to overturn the 2020 election results, where he has pleaded not guilty to four federal charges.
The hearing will be to discuss whether a protective order is needed, a common step in criminal cases to determine how evidence is handled.
The Department of Justice sought a protective order against Trump to prevent him publicly discussing key details and evidence surrounding the case, or talking and potentially intimidating witnesses in his social media posts. The former president's lawyers denied that such an order was needed, and accused the DoJ of attacking the 2024 hopeful's freedom of speech during his presidential campaign.
Chutkan had previously asked federal prosecutors and Trump's lawyers to come up with dates up to and including August 11 on which they could attend the protective order hearing.
Todd Blanche, one of Trump's lawyers in the January 6 case, said he is not available on Thursday as he will be in federal court in Florida for an arraignment as part of the classified documents case against the former president and two other co-defendants, but fellow Trump lawyer John Lauro could attend Thursday.
Trump lawyers requested in their filings to Chutkan that the hearing take place either Monday, August 14 or Tuesday, August 15, so both Blanche and Lauro could be present "since we lost Friday as an option," but it's unclear what they meant by that. Trump's legal team has been contacted for comment via email.
The DoJ said they could attend a hearing any time from Wednesday, August 9 through Friday. Chutkan has now scheduled Friday for the protective order hearing, which Trump will not be required to attend.
In previous court filings, the DoJ argued that a protective order against Trump was needed because of a Truth Social post stating "IF YOU GO AFTER ME, I'M COMING AFTER YOU!" as well as other social media posts in which he has attacked "witnesses, judges, attorneys" and others associated with the trial.
If Trump were to violate the order, he could be found in contempt of court and face a fine or possible jail time.
However, Joshua Ritter, a criminal defense attorney in Los Angeles, said that while imposing a protective order would be a "very serious development" in the federal case, it is unlikely Trump would be jailed if found to have broken it.
"Usually, if the judge feels the defendant has violated a protective order, she will haul everyone into court and give a real tongue lashing against the defendant and warn him of the severity and the seriousness of it," Ritter told Newsweek.
"If the violation isn't something tremendously serious and is more along the lines of pushing the envelope, then it will likely end with that warning."
Trump, who has long portrayed the investigation into his alleged attempts to overturn the 2020 election as politically motivated, hit out at the DoJ's request for a protective order.
"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 previously wrote on Truth Social.
"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!"
