U.S. District Judge Tanya Chutkan said Friday that former President Donald Trump’s First Amendment right is “not absolute.”
Chutkan is expected to issue a protective order in the case regarding Trump’s alleged involvement in the Jan. 6 riot.
“Mr. Trump, like every American, has a First Amendment right to free speech, but that right is not absolute. In a criminal case such as this one, the defendant’s free speech is subject to the rules,” Chutkan said, according to CNN.
“Without a protective order, a party could release information that could taint the jury pool, intimidate witnesses or others involved in some aspect of the case, or otherwise interfere with the ‘process of justice.'”
Chutkan’s order comes after she and Trump’s attorney, John Lauro, debated what Trump could say about the evidence presented to him in the case, according to CNN.
“The fact that he is running a political campaign currently has to yield to the administration of justice,” Chutkan reportedly said. “And if that means he can’t say exactly what he wants to say in a political speech, that is just how it’s going to have to be.”
“The defendant’s desire to conduct a campaign, to respond to political opponents, has to yield.” (RELATED: CNN Legal Analyst Explains How GA Prosecutor Could ‘Blow Up’ Jack Smith’s Indictment)
Lauro argued his team is focused on “fair use of information,” according to CNN.
ARLINGTON, VIRGINIA – AUGUST 03: Former U.S. President Donald Trump holds an umbrella as he arrives at Reagan National Airport following an arraignment in a Washington, D.C. court on August 3, 2023, in Arlington, Virginia. (Photo by Tasos Katopodis/Getty Images)
The Biden administration indicted Trump for the third time on Aug. 1. He was charged with “Conspiracy to defraud the United States,” “Conspiracy to corruptly obstruct and impede the January 6 proceedings,” and “A conspiracy against the right to vote and to have one’s vote counted.”
Prosecutors are trying to set his trial date for January, which coincides with the Iowa caucuses.