This update is from ABC NEWS (my views added this style – all formatted to fit the blog and now in a very
long post) – the headline:
“Judge in hearing cautions
Trump against inflammatory statements”
The judge overseeing S/C Jack Smith's January 6 case against Trump
says Trump has a right to free speech – but it's not absolute.
Smith is seeking the protective order – which he wants in place prior to his team turning over to Trump's attorneys materials gathered during the discovery process so they can prepare Trump's defense – to “to prevent is the improper dissemination or use of discovery materials, including to the public” – re: in a the court filing that Smith made.
Smith requested the
protective order after Trump posted a message on his social media platform,
Truth Social, saying: “IF YOU GO AFTER
ME, I'M COMING AFTER YOU!”
Judge Chutkan as the
hearing got underway said: “Mr.
Trump, like any American, has a right to free speech. But that right is not
absolute.”
The Trump campaign said Trump's message was aimed at political interest groups,
(I say BS to
cover Trump’s derrière since we know his targets).
Heart of the Trump
argument at issue is this insane request:
The question of how
limited the protective order should be is the Trump side’s argument (I say a very weak argument in my view) as they propose
the protective order be limited to covering only those materials that the
government deems as “sensitive.”
They also want to be able
to share discovery materials with so-called “volunteer lawyers and other non-attorneys that are assisting in the
case.” (To me that that this the nutty part).
Prosecution’s side:
The government's aim is to prevent any materials that are handed over in
discovery from being used to taint an eventual jury.
S/C attorney Tom Windom
said of Trump and his team: “They
have identified what they intend to do with it. Even if it is non-sensitive
material, it still has the potential to intimidate witnesses.”
Judge Chutkan ruled in favor of the government's proposal that the materials “Deemed sensitive – which Trump will be restricted from discussing publicly – will include all recordings, transcripts, interview reports, and related exhibits shared by the special counsel.”
The judge also said she believed the
release of the materials created “too great a risk that witnesses could be
intimidated or the jury pool would be tainted.”
Trump's attorneys are also
seeking latitude from the judge as Trump campaigns to regain the presidency in
2024 then Trump’s attorney John Lauro pressed the judge on the matter, saying: “Mr.
Trump is entitled to speak freely if he has a memory of something on the
campaign trail.”
Judge Chutkan,
however, responded that this is a criminal trial and that she would not base her
decision on whether it will affect a political campaign on either side, saying
precisely: “The existence of a
political campaign will not have any bearing on my decision. He's a criminal
defendant – he's going to have restrictions like every single other defendant.”
On the portion of the protective order that relates to how Trump himself should be supervised when reviewing discovery materials shared by the government, Lauro said he had concerns about requiring an attorney to sit with Trump at any time he wants to read through evidence.
S/C attorney Windom countered that the government had ample reasons to request that, then added: “He has shown a tendency or desire to hold onto material which he should not have.” Windom then said the government was concerned that if Trump was alone reviewing evidence, he could choose to take a picture of it with his phone or make some kind of photocopy that he would then release out.
Judge
Chutkan asked: “Like live-tweeting?”
Windom answered: “I mean, literally just photocopying or taking a
picture of something in order to do whatever he wants.”
Judge Chutkan ultimately ruled that she will allow Trump to
review discovery materials without having a member of the legal team sit with
him – however, she said she will order his lawyers to “ensure that if
Trump is reviewing materials alone, he must not have any kind of electronic
device or phone that could be used to copy the materials.”
S/C attorney Windom said the government was ready to begin sharing discovery materials once the protective order is in place (roughly 11.6 million pages or files) adding: “The materials are extraordinarily well organized and that the government expects to have discovery substantially completed by the end of the month.”
Trump is facing charges of:
(1) “Undertaking a criminal scheme to overturn the results of the 2020 election
by enlisting a slate of so-called fake electors, (2) using the DOJ to conduct sham
election crime investigations, (3) trying to enlist the vice president to alter
the election results, and (4) promoting false claims of a stolen election as
the January 6 Capitol riot raged all in an effort to subvert democracy and
remain in power.”
Trump has pleaded not guilty on all counts and has denounced
the charges: “As the persecution of a political opponent.”
MORE RELATED: Judge schedules
Friday hearing on proposed protective order in January 6 case
ORIGINAL POST FOLLOWS — ENJOY:
This post addresses the latest most-outrageous and bizarre request from Trump to Judge Cannon regarding the two classified document cases pending against him.
Two ABC News pieces address the topic as noted below.
First is the second ABC NEWS article from FL
District Judge Cannon which is totally wild and dangerous with her request on
this same subject while also demanding answers from S/C Jack Smith.
The main ABC NEWS story follows and has this headline:
“Trump asks judge to approve
special facility for him to review evidence in classified docs case”
Highlights from ABC
News (formatted to fit the blog):
Trump's attorneys have asked the federal judge (Cannon) overseeing
his FL-related classified documents case to
approve a special facility at his Mar-a-Lago estate for him to be able to
discuss classified evidence with his legal team that they say in part: “Is necessary
to prepare an adequate defense.”
Trump’s attorneys specifically asked that a previous
facility Trump used at Mar-a-Lago while he was serving as president, and where
he was previously permitted to discuss and review classified information, be re-established
so he can now discuss classified materials shared with his legal team by S/C Jack
Smith.
In their filing, Trump's team said they were making the
request due to: “The immense practical and logistical hurdles and costs that
make it virtually impossible for President Trump to make regular trips to a
public facility to discuss classified discovery material with counsel as
necessary to conduct a defense consistent with the rights afforded by the
Constitution. Both the required security protocol surrounding President Trump's
travel and the challenges surrounding the media's and public's intense focus on
this prosecution pose an enormous obstacle to our ability to provide counsel to
President Trump regarding classified matters, which are, no doubt, essential to
this case” they concluded.
(I insert: What a crock of BS).
Recall as of June Trump
faces with 37 criminal counts related to his handling of classified materials.
That is after prosecutors said he repeatedly refused to return hundreds of
documents containing classified information ranging from U.S. nuclear secrets
to the nation's defense capabilities, all the while he took steps to thwart the
government's efforts to get the documents back.
· Trump has pleaded not guilty to all charges.
· Trump's longtime aide and valet, Walt Nauta, now
been charged and he too has pleaded not guilty.
Then in a “superseding indictment” Smith charged Trump, Nauta, and Carlos De Oliveira (head of maintenance at Mar-a-Lago) with two obstruction counts based on allegations that the defendants attempted to delete surveillance video footage at Mar-a-Lago in the summer of 2022.
Trump has denied all charges and
denounced the probe as a political witch hunt.
F/N: Legal experts say Judge Cannon risks recusal as Trump asks to bring the docs back to
“the scene of the crime” – that SALON story is here.
My 2 Cents: As a matter of record I held a Top Secret (SCI)
security clearance from 1973 until I retired from the Marine Corps and then from my DOD
civilian service in 2006 (a total of 33 years holding that clearance and access). So
I kind of know the rules regarding security.
Each time I and my Intel team
had to review and work with such highly-classified documents we had to do it in
a secure building with a “Sensitive Compartmented Information Facility (pronounced
SCIF)” and that even applied while we were aboard ship deployed at sea.
This request from Trump
and Cannon shows just how poorly informed and concerned they are about highly-classified
materials that protect the nation’s highest and most-sensitive secrets.
That request must not be
approved at all, period. Full stop.
Thanks for stopping by.
No comments:
Post a Comment